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TRANSPORTATION LAWS 


OF THE 


STATE OF OHIO 


PUBLISHED BY THE 

Railroad Commission of Ohio 

UNDER STATE AUTHORITY. 

BATES’ SECTIONAL NUMBERING. 

Columbus, Ohio. 

1906. 


Columbus, Ohio: 

Fred. J. Heer, State Printer 
1906. 














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1 1907 

OF D. 













































































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TRANSPORTATION LAWS. 


(244-11) Sec. i. [Railroads! Railroad commission of Ohio; ap¬ 
pointment; terms; vacancies.] A railroad commission is hereby 
created to be composed of three commissioners. Within sixty days after 
the passage of this act the governor shall, by and with the advice and 
consent of the senate, appoint such commissioners, but no commissioner 
so appointed shall be qualified to act until so confirmed, unless appointed 
during the adjournment of said senate. The term of one such appointee 
shall terminate on the first Monday in February, 1909; the term of the 
second such appointee shall terminate on the first Monday in February, 
1911; and the term of the third such appointee shall terminate on the first 
Monday in February, 1913. In January 1909, and biennially thereafter, 
there shall be appointed and confirmed, in the same manner, one com¬ 
missioner for the term of six years from the first Monday in February of 
such year. Each commissioner so appointed shall hold his office until 
his successor is appointed and qualified. Any vacancy shall be filled by 
appointment by the governor for the unexpired term, subject to confir¬ 
mation of the senate, but any such appointment shall be in full force until 
acted upon by the senate 

a. [Qualifications.] The said commissioners shall have the 
following qualifications: One shall have a general knowledge of railroad 
law; each of the others shall have a general understanding of matters 
relating to railroad transportation, but at no time shall there be more 
than two of said commissioners members of the same political party. 

b. [Removal.] The governor may at any time remove any com¬ 
missioner for any inefficiency, neglect of duty, or malfeasance in office. 
Before such removal he shall give such commissioner a copy of the 
charges against him and shall fix a time when he can be heard in his 
own defense, which shall be not less than ten days thereafter and said 
hearing shall be open to the public. If he shall be removed the governor 
shall file in the office of the secretary of state a complete statement of 
all charges made against such commissioner and his findings thereon 
with the record of the proceedings. 

c. [Commissioners to have no interest in railroads.] No person 
so appointed shall be pecuniarly interested in any railroad in this state 
or elsewhere, and if any such commissioner shall voluntarily become so 
interested, his office shall ipso facto become vacant; and if he shall 
become so interested otherwise than voluntarily he shall within a reason- 

( 3 ) 




4 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


able time divest himself of such interest; failing so to do, his office shall 
become vacant, and the governor shall proceed as provided for in section 
lb of this act. 

d. [Must devote their entire time to office.] No commissioner^, 
nor the secretary, shall hold any other office or position of profit, or 
pursue any other business or vocation, or serve on or under any committee- 
of any political party, but shall devote his entire time to the duties of 
his office. 

c. [Oath of members.] Before entering upon the duties of his- 
office, each of said commissioners shall take and subscribe the constitu¬ 
tional oath of office, and'shall in addition thereto swear (or affirm) that 
he is not pecuniarily interested in any railroad in this state or else¬ 
where, and that he holds no other office of profit, nor any position under 
any political committee or party; which oath or affirmation shall be 
filed in the office of the secretary of state. 

f. [Salary.] Each of said commissioners shall receive an annual 
salary of five thousand dollars, payable in the same manner as salaries 
of other state officers are paid. 

g. [Organization; quorum.] The commissioners appointed un¬ 
der this act shall within twenty days after their appointment and qualifi¬ 
cation meet at the state capitol and organize by electing one of their 
number chairman, who shall serve until the second Monday of February, 
1907. On the second Monday of February in each odd numbered year 
the commissioners shall meet at the office of the commission and elect 
a chairman, who shall serve for two years and until his successor is 
elected. A majority of said commissioners shall constitute a quorum to 
transact business, and any vacancy shall not impair the right of the re¬ 
maining commissioners to exercise all the powers of the commission, 
so long as a majority remains. 

h. [Secretary; clerks; compensation.] Said commission may 
appoint a secretary at a salary of not more than twenty-five hundred 
dollars per annum, and may appoint not more than three clerks, two of' 
•whom shall receive -an annual salary not exceeding one thousand dollars 
each, and one of whom shall be an expert stenographer and receive an 
annual salary not exceeding twelve hundred dollars, and may employ- 
such other experts as may be necessary to perform any service it may 
require of them, and shall fix their compensation. 

[Powers of inspectors.] They may appoint inspectors who shall 
have the right to inspect freight in the cars or warehouses of trans¬ 
portation companies. Such inspectors shall also have the right to inspect 
all way bills, bills of lading and shipping receipts of such transportation 
companies so that they may determine whether the classification and 
rating of such freights is in conformity with the published tariffs and 
classifications of such transportation companies. Said inspectors shall be 
employed at fixed compensation. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


5 


i. [Oath of secretary; duties; eligibility.] The secretary shall 
take and subscribe to an oath similar to that of the commissioners, 
and shall keep full and correct records of all transactions and proceedings 
of the commission; and shall perform such other duties as may be re¬ 
quired by the commission. Any person ineligible to the office of com¬ 
missioner shall be ineligible to the office of secretary. 

j. [Title of commission; seal.] The commissioners shall be 
known collectively as ‘‘Railroad Commission of Ohio,” and in that name 
may sue and be sued. It shall have a seal with the words “Railroad 
Commission of Ohio,” and such other design as the commission may 
prescribe engraved thereon by which it shall authenticate its proceedings 
and of which the court shall take judicial notice. 

k. [Office; supplies; sessions; expenses.] The commission shall 
keep its office at the capitol, and shall be provided by the adjutant general 
with suitable room or rooms, necessary office furniture, supplies, sta¬ 
tionery, books, periodicals, maps, and all necessary expenses shall be 
audited and paid as other state expenses are audited and paid. The 
•commission may hold sessions at any place other than the capitol when 
the convenience of the parties so requires. The commissioners, secretary, 
and clerks, and such experts as may be employed shall be entitled to 
receive from the state their actual necessary expenses while traveling on 
the business of the commission. Such expenditures to be sworn to by 
the person who incurred the expense and approved by the chairman of 
the commission. 

/. [May adopt rules.] The commission shall have power to 
adopt and publish rules to govern its proceedings and to regulate the 
mode and manner of all investigations and hearings of railroads and 
other parties before it, and all hearings shall be open to the public. 

m. [Attending conventions.] The commission may confer by 
correspondence, or by attending conventions, or otherwise, with the 
railroad commissioners of other states, and with the interstate commerce 
commission, on any matters relating to railroads. [98 v. 342.] 

(244-12) Sec. 2. [“Railroad” defined.] The term “railroad” as 
used herein shall mean and embrace all corporations, companies, indi¬ 
viduals, associations of individuals, their lessees, trustees or receivers 
(appointed by any court whatsoever) that now, or may hereafter, own, 
operate, manage or control any railroad or part of a railroad as a 
common carrier in this state, or cars, or other equipment used thereon, 
or bridges, terminals, or side tracks, or any docks or wharves or storage 
elevators used in connection therewith, whether owned by such railroad 
or otherwise, but the provisions of this act shall not apply to companies 
engaged exclusively in the sleeping car business. 

[Express companies included.] The term “railroad” whenever 
used herein shall also mean and embrace express companies, and all 


6 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


duties required of and penalties imposed upon any railroad or any officer 
or agent thereof shall, insofar as the same are applicable, be required 
of and imposed upon express companies and their officers and agents, 
and the commission shall have the power of supervision and control of 
express companies to the same extent cis railroads. 

a. [To what transportation provisions are applicable.] The 
provisions of this act shall apply to the transportation of passengers and 
property between points within this state, and to the receiving, switching,, 
delivering, storing and handling of such property, and to all charges 
connected therewith, including icing charges and mileage charges, and 
shall apply to all railroad corporations, express companies, car companies, 
freight and freight line companies, and to all associations of persons,, 
whether incorporated or otherwise, that shall do business as comomn 
carriers, upon or over any line of railroad within this state, and to any 
common carrier engaged in the transportation of passengers and property 
wholly by rail or partly by rail and partly by water. 

b. [Not applicable to street railways.] This act shall not apply 
to street and electric railroads engaged solely in the transportation of 
passengers within the limits of cities, nor other private railroads not 
doing business as common carriers. [98 v. 344.] 

( 2 44 _I 3) Sec. 3. [Railroads must furnish reasonably adequate 
service.] Every railroad is hereby required to furnish reasonably 
adequate service and facilities, and the charges made for any service ren¬ 
dered or to be rendered in the transportation of passengers or property 
or for any service in connection therewith or for the receiving, switch¬ 
ing, delivering, storing or handling of such property, shall be reasonable 
and just, and <?very unjust and unreasonable charge for such service is 
prohibited and-declared to be unlawful. [98 v. 345.] 

( 2 44 _I 4) Sec. 4. [Schedules to be printed and filed; what to 
contain.] Every railroad shall print in plain type and file with 
the commission within a time fixed by the commission, schedules which 
shall be open to public inspection, showing all rates, fares and charges- 
for the transportation of passengers and property, and any service in 
connection therewith, which it has established and which are in force 
at the time between all points in this state upon its line, or any line con¬ 
trolled or operated by it, and the rates, fares and charges shown on such 
schedules as are in effect at the date this act takes effect. The schedules 
printed as aforesaid shall plainly state the places upon its line or any line 
controlled or operated by it in this state between which passengers and 
property will be carried, and there shall be filed therewith the classifica¬ 
tion of freight in force. Every railroad shall publish with and as a part 
of such schedules all rules and regulations that in any manner affect the 
rates charged of to be charged for the transportation of passengers or 
property, also its charges for delay in loading or unloading cars, for 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


7 


track and car service, or rental and for demurrage, switching, terminal 
or transfer service, or for rendering any other service in connection with 
the transportation of persons or property. Two copies of said schedules 
for the use of the public shall be filed and kept on file in every depot, 
station and office of such railroad where passengers or freight are re¬ 
ceived. for transportation in such form and place as to be accessible to 
the public and where they can be conveniently inspected. 

[Joint rates to be filed.] When passengers or property are 
transported over connecting lines in this state operated by more than 
one railroad, and the several railroads operating such lines establish joint 
rates', fares and charges, a schedule of joint rates shall also in like manner 
be printed and filed with the commission and in every depot, station and 
office of such railroads where such passengers or property are received 
for transportation. 

a. [Ten days’ notice of changes in schedules shall be given.] No 

change shall thereafter be made in any schedule, including schedule of 
joint rates, or in any classification, except upon ten days’ notice to the 
commission, and all such changes shall be plainly indicated upon existing 
schedules, or by filing new schedules in lieu thereof ten days prior to 
the time the same are to take effect; provided, that the commission, upon 
application of any railroad, may prescribe a less time within ’which a 
reduction may be made. Copies of all new schedules shall be filed as 
hereinbefore provided in every depot, station and office of such railroad, 
ten days prior to the time the same are to take effect unless the com¬ 
mission shall prescribe a less time. 

b. [Posting of change in schedules.] Whenever a change is 
made in any existing schedule, including schedule of joint rates, a notice 
shall be posted by the railroad in a conspicuous place in every depot, 
station and office, stating that changes have been made in the schedules 
on file, specifying the class or commodity affected and the date when the 
same will take effect. 

c. [Departure from schedules prohibited.] It shall be unlawful 
for any railroad to charge, demand, collect or receive a greater or less 
compensation for the transportation of passengers or property or for any 
service in connection therewith than is specified in such printed schedules, 
including schedules of joint rates, as may at the time be in force, and the 
rates, fares and charges named therein shall be the lawful rates, fares 
and charges until the same are changed as herein provided. 

d. [Commission to prescribe form.] The commission may pre¬ 
scribe such changes in the form in which the schedules are issued by the 
railroad as may be found expedient, and such schedule shall, as far as 
practicable, conform to the forms prescribed by the interstate commerce 
commission. [98 v. 345 -] 

(244-15) Sec. 5. [Unjust and unreasonable charges prohibited.] 

•Whenever passengers or property are transported over two or more 


8 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

connecting lines of railroad between points in this state and the railroad 
companies have made joint rates for the transportation of the same, 
such rates and all charges in connection therewith shall be just and 
reasonable, and every unjust and unreasonable charge is prohibited and 
declared to be unlawful; provided that a less charge by each of said rail¬ 
roads for its proportion of such joint rates than is made locally between 
the same points on their respective lines shall not for that reason be 
construed as a violation of the provisions of this act, nor render such 
railroads liable to any of the penalties hereof. [98 v. 346-] 

(244-16) Sec. 6. [Special contract rates.] Nothing in this act 
shall be construed to prevent concentration, commodity, transit and other 
special contract rates, but all such rates shall be open to all shippers for 
a like kind of traffic under similar circumstances and conditions, and shall 
be subject to the provisions of this act as to the printing and filing of the 
same: Provided, all such rates shall be under the supervision and 
regulation of the commission. [98 v. 346.] 

(244-17) Sec. 7. [Classification to be uniform.] The classifica¬ 
tion of freight in the state shall be uniform on all railroads. [98 v. 347.] 
(244-18) Sec. 8. [Free transportation.] Nothing herein shall 
prevent the carriage, storage or handling of freight free or at reduced 
rates for the United States, the state, or any political subdivision thereof, 
or any municipality thereof, or for charitable purposes, or to and from 
fairs and expositions for exhibition thereat, or household goods the 
property of railway employes; or the issuance of mileage, commutation 
or excursion passengers’ tickets, provided that the same shall be obtain¬ 
able by any person applying therefor without discrimination, or of party 
tickets, provided that the same shall be obtainable by all persons applying 
therefor under like circumstances and conditions. This act shall not be 
construed as preventing railroads from giving free transportation or re¬ 
duced rates thereof to any minister of the gospel, officer or agent of in¬ 
corporated colleges, regular agents of charitable societies, when traveling 
upon the business of the society only, destitute and homeless persons, 
railroad officer, attorney, director, employe or members of their families; 
or to prevent the exchange of passes with officers, attorneys or employes 
of other railroads and members of their families. 

a. [Free transportation to attendant of live stock.] Upon any 
shipment of live stock or other property of such nature as to require the 
care of an attendant, the railroad may furnish to the shipper or some 
person or persons designated by him, free transportation for such attend¬ 
ant, including return passage to the point at which the shipment origi¬ 
nated; provided there shall be no discrimination in reference thereto 
between such shippers, and the commission shall have power to prescribe 
regulations in relation thereto. [98 v. 347.] 

(244-19) Sec. 9. [Depots for passengers and freight; switches 
and sidetracks.] It shall be the duty of every railroad to provide and 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 9 

maintain adequate depots and depot buildings at its regular stations for 
the accommodation of passengers, and said depot building shall be kept 
clean, well lighted and warmed, for the comfort and accommodation of 
the traveling public. All railroads shall keep and maintain adequate and 
suitable freight depots, buildings, switches and side tracks for the receiv¬ 
ing, handling and delivering of freight transported or to be transported 
hy such railroads; provided, that this shall not be construed as repealing 
any existing law on the subject. [98 v. 347.] 

(244-20) Sec. 10. [Supply of cars.] Every railroad shall, when 
within its power so to do, and upon reasonable notice, furnish suitable 
cars to any and all persons who may apply therefor, for the transpor¬ 
tation of any and all kinds of freight in car load lots. In case of in¬ 
sufficiency of cars at any time to meet all requirements, such cars as are 
available shall be distributed among the several applicants therefor in pro¬ 
portion to their respective immediate requirements without discrimination 
^between shippers or competitive or non-competitive places; provided, 
preference may be given to shipments of live stock and perishable 
property. 

a. [Commission to enforce regulations as to furnishing cars.] 

The commission shall have power to enforce reasonable regulations for 
furnishing cars to shippers and switching the same, and for the loading 
and unloading thereof, and the weighing of the cars and freight offered 
for shipment over any line of railroad. [98 v. 347.] 

(244-21) Sec. 11. [Interchange of traffic.] All steam railroad 
■companies as between themselves and all interurban and electric railroads 
as between themselves, shall afford all reasonable and proper facilities for 
the interchange of traffic between their respective lines, for forwarding and 
delivering passengers and property, and shall transfer and deliver without 
unreasonable delay or discrimination any freight or cars, loaded or empty, 
or any passengers destined to any point on its own or any connecting 
lines; provided, that precedence over other freight may be given to live 
stock and perishable freight. 

a. [Control over private tracks.] The commission shall have 
control over private tracks insofar as the same are used by common 
•carriers, in connection with any railroad for the transportation of freight, 
in all respects the same as though such tracks were a part of the track 
of said railroad. [98 v. 348.] 

(244-22) Sec. 12. [Complaints; hearings by commission; notice 
to railroads and complainants; enforcing attendance of witnesses.] 

Upon complaint of any person, firm, corporation or association, or of 
any mercantile, agricultural or manufacturing society, or of any body 
politic or municipal organization, that any of the rates, fares, charges 
or classifications, or any joint rate or rates are in any respect un¬ 
reasonable or unjustly discriminatory, or that any regulation or practice 


10 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


whatsoever affecting the transportation of persons or property, or any 
service in connection therewith, are in any respect unreasonable or un¬ 
justly discriminatory, or that any any service is inadequate, the com¬ 
mission may notify the railroad complained of that complaint has been 
made, and ten days after such notice has been given the commission 
may proceed to investigate the same as hereinafter provided. Before 
proceeding to make such investigation the commission shall give the 
railroad and the complainants ten days’ notice of the time and place when 
and where such matters will be considered and determined, and said 
parties shall be entitled to be heard and shall have process to enforce the 
attendance of witnesses. 

[Commission to change unreasonable or unjust rate, etc.; order 
therefor.] If upon such investigation the rate or rates, or any regu¬ 
lation, practice or service complained of shall be found to be unreason¬ 
able or unjustly discriminatory, or the service shall be found to be 
inadequate, the commission shall have power to fix and order substituted 
therefor such rate or rates, fares, charges or classifications as it shall 
have determined to be just and reasonable and which shall be charged,, 
imposed and followed in the future, and shall also have power to make 
such orders respecting such regulation, practice or service as it shall 
have determined to bg reasonable and which shall be observed and fol¬ 
lowed in the future. 

a. [May separate complaint.] The commission may, when 
complaint is made of more than one rate or charge, order separate 
hearings thereon, and may consider and determine the several matters 
complained of separately, and at such times as it may prescribe. No 
complaint shall of necessity at any time be dismissed because of the 
absence of direct damage to the complainant. 

b. [May investigate on its own motion; notice to railroad.] 
Whenever the commission shall believe that any rate or rates or charge 
or charges may be unreasonable or unjustly discriminatory, and that an 
investigation relating thereto should be made, it may, upon its own 
motion, investigate the same. Before making such investigation it shall 
present to the railroad a statement in writing setting forth the rate or 
charge to. be investigated. Thereafter, on ten days’ notice to the railroad 
of the time and place of such investigation, the commission may proceed 
to investigate such rate or charge in the same manner and make like 
orders in respect thereto as if such investigation had been made upon 
complaint. 

c. [Railroad may become complainant.] This section shall be 
construed to permit any railroad to make complaint with like effect as 
though made by any person, firm, corporation or association, mercantile,, 
agricultural or manufacturing society, body politic or municipal organi¬ 
zation. [98 v. 348.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


11 


(244-23) Sec. 13. [Power of commissioners to administer oaths* 
etc.] Each of the commissioners, for the purposes mentioned in this 
act, shall have power to administer oaths, certify to official acts, issue 
subpoenas, compel the attendance of 'witnesses, and the production of 
papers, way-bills, books, accounts, documents and testimony. In case 
of disobedience on the part of any person or persons to comply with any 
order of the commission or any commissioner or any subpoena, or on the 
refusal of any witness to testify to any matter regarding which he may 
be lawfully interrogated, it shall be the duty of the court of common 
pleas of any county, or a judge thereof, on application of a commissioner,, 
to compel obedience by attachment proceedings for contempt, as in the 
case of disobedience of the requirements of a subpoena issued from such 
court, or a refusal to testify therein, and in addition said commission 
shall have the powers vested in justices of the peace, or notaries public 
to compel witnesses to testify and to produce books and papers. 

a. [Witnesses entitled to fees and mileage; how paid.] Each 
witness who shall appear before the commission by* its order shall receive 
for his attendance the fees and mileage now provided for witnesses in civil 
cases in courts of record, which shall be audited and paid by the state 
in the same manner as other expenses are audited and paid, upon the 
presentation of proper vouchers sworn to by such witnesses and ap¬ 
proved by the chairman of the commission; 

[What witnesses not entitled to compensation.] Provided, that 
no witness subpoenaed at the instance of parties other fhan the commis¬ 
sion shall be entitled to compensation from the state for attendance or 
travel unless the commission shall certify that his testimony was material 
to the matter investigated. 

b. [Depositions authorized.] The commission or any party may 
in any investigation cause the depositions of the witnesses residing within 
or without the state to be taken in the manner prescribed by law for like 
depositions in civil actions in courts of common pleas. 

c. [Complete record of proceedings to be kept.] A full and 
complete record shall be kept of all proceedings had before the com¬ 
mission on any investigation had under section 12 of this act, and all 
testimony shall be-taken down by the stenographer appointed by the 
Commission. 

[Record of proceedings; transcript to be furnished on appeal.] 

Whenever- any complaint- is served upon the commission under the pro¬ 
visions of section 16 of this act the commission shall, before said action 
is reached for trial, cause a certified transcript of all proceedings had 
and testimony taken upon such investigation to be filed with the clerk 
of the court of common pleas of the county where the action is pending. 

[Stenographer’s certified transcript is evidence.] A transcribed 
copy of the evidence and proceedings, or any specific part thereof, on any 


12 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


investigation, taken by the stenographer appointed by the commission, 
being certified by such stenographer to be a true and correct transcript 
in long hand of all the testimony on the investigation, or of a particular 
witness, or of other specific part thereof, carefully compared by him 
with his original notes, and to be a correct statement of the evidence and 
proceedings had on such investigation so purporting to be taken and 
transcribed shall be received in evidence with the same effect as if such 
reporter were present and testified to the facts, so certified. 

[Free copies.] A copy of such transcript shall be furnished on 
demand, free of cost, to any party to such investigation, and all other 
persons a copy on payment of a reasonable amount therefor. [98 v. 349-] 

(244-24) Sec. 14. [Order to change rate or service not to take 
effect for thirty days; service of notice on company.] Whenever, 
upon an investigation made under the provisions of this act, the com¬ 
mission shall find any existing rate or rates, fares, charges or classifi¬ 
cations, or any joint rate or rates, or any regulation or practice whatso¬ 
ever affecting the transportation of persons or property, or any service in 
connection therewith, are unreasonable'or unjustly discriminatory, or any 
service is inadequate, it shall determine and by order fix a reasonable rate, 
fare, charge, classification or joint rate to be imposed, observed and fol¬ 
lowed in the future in lieu of that found to be unreasonable or unjustly 
discriminatory, and it shall determine and by order fix a reasonable regu¬ 
lation, practice or service, to be imposed, observed and followed in the 
future, in lieu of that found to be unreasonable or unjustly discrimina¬ 
tory, or inadequate, as the case may be, and it shall cause a certified copy 
of each such order to be delivered to an officer or station agent of the 
railroad affected thereby, which order shall of its own force take effect 
and become operative thirty days after the service thereof. 

[Railroads to correct schedules.] All railroads to which the 
order applies shall make such changes in their schedule on file as may 
be necessary to make the same conform to said order, and no change 
shall thereafter be made by any railroad in any such rates, fares, or 
charges, or in any joint rate or rates, without the approval of the commis¬ 
sion. 

[Copies of orders to be supplied railroads.] Certified copies of 
all other orders of the commission shall be delivered to the railroads 
affected thereby in like manner, and the same shall take effect within 
such times thereafter as the commission shall prescribe. 

a. [Commission may rescind, alter or amend any order.] The 
commission may at any time, upon application of any person or any 
railroad and upon notice to the parties in interest, and after opportunity 
to be heard as provided in section 12, rescind, alter or amend any order 
fixing any rate or rates, fares, charges or classification, or any other order 
made by the commission, and certified copies of the same shall be served 
and take effect as herein provided for original orders. [98 v. 350.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 1$ 

( 2 44 _2 5) Sec. 15. [Rates, fares, etc., fixed by commission to be 
in effect for one year.] All rates, fares, charges, classifications and 
joint rates fixed by the commission shall be in force and shall be prima 
facie lawful, for a period of one year from the date the same takes effect 
unless or until changed or modified, by the commission, or in pursuance 
of section 16 of this act. 

[Regulations, practices and service prescribed by commission to 
be permanent.] All regulations, practices and service prescribed by 
the commission shall be in force and shall be prima facie reasonable,, 
unless suspended or found otherwise in an action brought for that pur¬ 
pose pursuant to the provisions of section 16 of this act or until changed 
or modified by the commission as provided for in paragraph a , section 14, 
of this act. [98 V. 351.] 

(244-26) Sec. 16. [Appeal from commission’s finding; time 
within which to file.] Any railroad or other party in interest being 
dissatisfied with any order of the commission fixing any rate or rates, 
fares, charges, classifications, joint rate or rates, or any order fixing any 
regulation, practices or services, may, within sixty days, commence an 
action in the court of common pleas against the commission as defendant 
to vacate and set aside any such order on the ground that the rate or 
rates, fares, charges, classifications, joint rate or rates, fixed in such 
order, is unlawful or unreasonable, or that any such regulation, practice 
or service, fixed in such order, is unreasonable, in which action the 
adverse parties shall be served with the summons. 

[Commission to answer; any interested party may answer.] The 
commission shall file its answer, and on leave of court, any interested 
party may file an answer to said complaint within ten days after the 
service thereof, whereupon said action shall be at issue and stand ready 
for trial upon ten days’ notice by either party. 

[Appealed cases take precedence.] All actions brought under 
this section shall have precedence over any civil cause of a different 
nature pending in such court, and the court of common pleas shall always 
be deemed open for the trial thereof and the same shall be tried and 
determined as other civil actions; any party to such action may introduce 
original evidence in addition to the transcript of the evidence offered to 
said commission. 

a. [Hearing shall precede injunction.] No injunction shall issue 
suspending or staying any order of the commission except upon appli¬ 
cation to the court of common pleas or judge thereof, notice to the com¬ 
mission having been given and hearing having been had thereon. 

b. [New evidence to be submitted to commission.] If, upon 
the trial of such action, evidence shall be introduced by the plaintiff 
which is found by the court to be different from that offered upon the 
hearing before the commission, or additional thereto, the court before pro- 


14 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


ceeding to render judgment, unless the parties to such action stipulate 
in writing to the contrary, shall transmit a copy of such evidence to the 
commission, and shall stay further proceedings in said action for fifteen 
days from the date of such transmission. 

[May alter, modify, amend or rescind order.] Upon the receipt 
of such evidence the commission shall consider the same, and may alter, 
modify, amend or rescind its order relating to such rate or rates, fares, 
charges, classification, joint rate or rates, regulation, practice or service 
complained of in said action, and shall report its action thereon to said 
court within ten days from the receipt of such evidence. 

c. [Effect of altered order.] If the commission shall rescind its 
order complained of, the action shall be dismissed; if it shall alter, 
modify or amend the same, such altered, modified or amended order 
shall take the place of the original order complained of, and judgment 
shall be rendered thereon, as though made by the commission in the first 
instance. If the original order shall not be rescinded or changed by the 
commission, judgment shall be rendered upon such original order. 

d. [Further appeal.] Either party to said action, within sixty 
days after service of a copy of the order or judgment of the court may 
appeal or take the case up on error as in other civil actions. Where an 
appeal is taken the cause shall, on the return of the papers to the higher 
court, be immediately placed on the calendar of the then pending term, 
and shall be assigned and brought to a hearing in the same manner as 
other causes on the calendar. 

e. [Burden of proof on the plaintiff.] In all actions under this 
section the burden of proof shall be upon the plaintiff to show by clear 
and satisfactory evidence that the order of the commission complained 
of is. unlawful, or unreasonable, as the case may be. [98 v. 351.] 

(244-27) Sec. 17. [Regular rules of practice obtain.] In all 
actions and proceedings in court arising under this act all processes shall 
be served, and the practice and rules of evidence shall be the same as in 
civil actions, except as otherwise herein provided. 

[Sheriff to execute all processes.] Every sheriff or other officer 
empowered to execute civil processes shall execute any process issued 
under the provisions of this act, and shall receive such compensation 
therefor as may be prescribed by law for similar services. 

a. [Testimony not to be used against witness unless guilty of 
perjury.] No person shall be excused from testifying or from pro¬ 
ducing books and papers in any proceedings based upon or growing out 
of any violation of the provisions of this act on the ground or for the 
reason that the testimony or evidence, documentary or otherwise, re¬ 
quired of him may tend to incriminate him or subject him to penalty 
or forfeiture, but no person having so testified shall be prosecuted or 
subjected to any penalty or forfeiture for, or on account of, any trans- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


15 


action, matter or thing concerning which he may have testified or pro¬ 
duced any documentary evidence; provided, that no person so testifying 
shall be exempted from prosecution or punishment for perjury in so 
testifying. 

b. [Certified copies evidence.] Upon application of any person 
the commission shall furnish certified copies, under the seal of the com¬ 
mission, of any order, made by it, which shall be prima facie evidence 
m any court or proceeding of the facts stated therein. [98 v. 352.] 

(244-28) Sec. 18. [Railroads required to give evidence.] The 
commission shall have authority to inquire into the management of the 
business of all railroads, and shall keep itself informed as to the manner 
and method in which the same is conducted, and shall have the right to 
obtain from any railroad all necessary information to enable the com¬ 
mission to perform the.duties and carry out the objects for which it 
was created. 

a. [Required to make reports.] The commission shall cause to 
be prepared suitable blanks for the purposes designated in this act, which 
shall conform as nearly as practicable to the forms prescribed by the 
interstate commerce commission, and shall, when necessary, furnish such 
blanks to each railroad. Any iailroad receiving from the commission 
any such blanks, shall cause the same to be properly filled out so as to 
answer fully and correctly each question therein propounded, and in case 
it is unable to answer any question it shall give a good and sufficieU 
reason for such failure; 

[Verified by oath; perjury; penalty.] And said answer shall be 
verified under oath by the proper officer of said railroad and returned to 
the commission at its offices within the time fixed by the commission, 
the making of a false affidavit or filing of the same shall be deemed 
perjury and punishable as such under the statutes of Ohio defining per¬ 
jury. 

b. [Right to make examinations.] The commission or any com¬ 
missioner, or any person or persons employed by the commission for that 
purpose, shall, upon demand, have the right to inspect the books and 
papers of any railroad and to examine under oath any officer, ?gent or 
employe of such railroad in relation to any matter which is the subject 
of complaint and investigation; provided, that any person other than 
the one of said commissioners who shall make such demand shall pro¬ 
duce his authority to make such inspection under the hand of the com¬ 
missioner, or of the secretary, and under the seal of said commission. 

c. [Production of books, papers or accounts required.] The 
commission may require, by order or subpoena, to be served on any 
railroad, in the same manner that a summons is served in a civil action 
in the court of common pleas, the production within this state, at such 
time and place as it may designate, of any books, papers or accounts 


16 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

relating to any matter which is the subject of complaint or investigation* 
kept by said railroad in any office or place without the state of Ohio,, 
or verified copies in lieu thereof, if the commission shall so order, in 
order that an examination thereof may be made by the commission or 
under its direction, and such subpoena may issue to any sheriff in any“ 
county of the state. 

[Penalty.] Any railroad failing or refusing to comply with any 
such order or subpoena within a reasonable time, shall, for each day it 
shall so fail or refuse, forfeit and pay into the state treasury a sum of 
not less than one hundred dollars nor more than one thousand dollars, 
to be recovered in a civil action brought in the name of the railroad 
commission of Ohio. [98 v. 353.] 

(244-29) Sec. 19. [Transportation contracts to be filed with com¬ 
mission.] Every railroad whenever required by the commission shall, 
within a time to be fixed by the commission, deliver to the commission 
for its use copies of all contracts which relate to the transportation of 
persons or property, or any service in connection therewith, made or 
entered into by it with any other railroad company, terminal company, 
depot company, car company, equipment company, express or other trans¬ 
portation company, bridge company, or any shipper or shippers, pro¬ 
ducers or consumers or other person or persons doing business with it. 

a. [Report of free transportation.] Every railroad shall, on the 
first Monday in February in each year, and oftener if required by the 
commission, file with the commission a verified list of all railroad tickets, 
passes and mileage books issued free or for other than actual bona fide 
money consideration at full established rates during the preceding year, 
together with the names of the recipients thereof, the amount received 
therefore and the reason for issuing the same. This provision shall not 
apply to the sale of tickets at reduced rates open to the public, nor to 
tickets, passes, or mileage books issued to persons not residents of this 
state, nor to tickets, passes or mileage books issued prior to the pas¬ 
sage of this act, or issued pursuant to section 8 of this act. [98 v. 353.] 

(244-30) Sec. 20. [Annual reports.] Every railroad company 
incorporated or doing business in this state, or which shall hereafter 
become incorporated or do business in this state shall, on or before the 
15th day of September, 1906, and on or before the same day in each year 
thereafter, make and transmit to the commission at its office in Columbus,, 
a full and true statement under oath of the proper officer of such cor¬ 
poration, of the affairs of such corporation relative to the state of Ohio,, 
for the year ending on the 30th day of June preceding, which statement 
for the state of Ohio shall be similar in character and detail to the annual 
report required to be made by railroad companies to the interstate com¬ 
merce commission. [98 v. 354.] 

(244-31) Sec. 21. [Investigation of interstate complaints.] The 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


17 


commission shall have power, and on complaint of any person it is hereby 
made its duty, to investigate all or any freight rates on interstate traffic 
on railroads in this state, and when the same are, in the opinion of the 
commission, excessive or discriminatory or are levied or laid in violation 
of the interstate commerce law, or in conflict with the rulings, orders 
or regulations of the interstate commerce commission, the commission 
shall present the facts to the railroad, with a request to make such 
changes as the commission may advise, and if such changes are not made 
within a reasonable time, the commission shall apply by* petition to the 
interstate commerce commission for relief. All freight tariffs issued 
by any such railroad relating to interstate traffic in this state shall be 
filed in the office of the commission within thirty days after the passage 
of this act, and all such tariffs thereafter issued shall be filed with the 
commission when issued. [98 v. 354.] 

(244-32) Sec. 22. [Unjust discrimination; penalty.] If any rail¬ 
road, or any agent or officer thereof, shall directly or indirectly, by any 
special rate, rebate, drawback, or by means of false billing, false classi¬ 
fication, false weighing, or by any other device whatsoever, charge, de¬ 
mand, collect or receive from any person, firm or corporation a greater 
or less compensation for any service rendered or to be rendered by it for 
the transportation of persons or property or for any service in connection 
therewith, than that prescribed in the published tariffs then in force, or 
established as provided herein, or than it charges, demands, collects or 
receives from any other person, firm or corporation for a like contempo¬ 
raneous service in the transportation of a like kind of traffic under sub¬ 
stantially similar circumstances and conditions; such railroad shall be 
deemed guilty of unjust discrimination, which is hereby prohibited and 
declared to be unlawful, and upon conviction therefor shall forfeit and 
pay into the state treasury not less than one hundred dollars nor more 
than five thousand dollars for each offense; and any agent or officer so 
offending shall be deemed guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine of not less than fifty dollars nor more 
than one thousand dollars for each offense. 

a. [Illegal concessions.] It shall be unlawful for any railroad 
to demand, charge, collect or receive from any person, firm or corpora¬ 
tion a less compensation for the transportation of property or for any ser¬ 
vice rendered or to be rendered by said railroad, in consideration of said 
person, firm or corporation furnishing any part of the facilities incident 
thereto; provided, nothing herein shall be construed, as prohibiting any 
railroad from procuring any facilities or service incident to transportation 
and paying a reasonable compensation therefor. [98 v. 354.] 

(244-33) Sec. 23. [Undue or unreasonable preference declared 
unlawful.] That it shall be unlawful for any common carrier sub¬ 
ject to the provisions of this act to make or give any undue or unrea- 
2 T. L. 


18 TRANSPORTATION LAWS OF THE STATE Op OHIO. 

sonable preference or advantage to any particular person, company, firm, 
corporation, or locality or any particular description of traffic, in any 
respect whatsoever, or to subject any particular person, company, firm, 
corporation or locality, or any particular description of traffic, to any 
undue or unreasonable prejudice or disadvantage in any respect what¬ 
soever. [98 v. 355.] 

(244-34) Sec. 24. [Rebate, concession, etc., is unlawful.] It 

shall be unlawful for any person, firm or corporation knowingly to accept 
or receive any rebate, concession or discrimination in respect to trans¬ 
portation of any property wholly within this state, or for any service in 
connection therewith, whereby any such property shall by false billing, 
false classification, false weighing, or any other device whatsoever, be 
transported at a less rate than that named in the published tariffs in force 
as provided herein, or whereby any service or advantage is received other 
than is therein specified. 

[Penalty.] Any person, firm or corporation violating the pro¬ 
visions of this section shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not less than fifty dollars 
nor more than one thousand dollars for each offense. [98 v. 355.] 

(244-35) Sec. 25. [Punitive damages.] If any railroad shall do 
or cause to be done or permit to be done any matter, act or thing in this 
act, prohibited' or declared to be unlawful, or shall omit to do any act, 
matter or thing required to be done by it, such railroad shall be liable 
to the person, firm or corporation injured thereby in treble the amount' 
of damages sustained in consequence of such violation; provided, that 
any recovery as in this section provided shall in no manner affect a re¬ 
covery by the state of the penalty prescribed for such violation. [98 v. 
355 -] 

(244-36) Sec. 26. [Penalty against officers, agents and em¬ 
ployes.] Any officer, agent or employe of any railroad who shall 
wilfully fail, or refuse to fill out and return any blanks as required by 
this act, or shall wilfully fail or refuse to answer any questions therein 
propounded, or shall knowingly or wilfully give a false answer to any 
such question, or shall evade the answer to any such question, where 
the fact inquired of is within his knowledge, or who shall, upon proper 
demand wilfully fail or refuse to exhibit to any commissioner or any 
commissioners, or any person authorized to examine the same, any book, 
paper or account of such railroad, which is in his possession or under 
his control, shall be deemed guilty of a misdeameanor, and upon con¬ 
viction thereof shall be punished by a fine of not less than one hundred 
dollars nor more than one thousand dollars for each such offence; and 
a penalty of not less than five hundred dollars nor more than one 
thousand dollars shall be recovered from the railroad for each such offense 
when such officer, agent or employe acted in obedience to the direction, 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


19 


instruction or request of such railroad or any general officer thereof. [98 

v. 356.] 

( 2 44-37) Sec. 27. [Penalty against railroad for violations.] If 

any railroad shall violate any provision of this act, or shall do any act 
herein prohibited, or shall fail or refuse to perform any duty enjoined 
upon it, or upon failure of any railroads to place in operation any joint 
rate, or do any other act herein prohibited, for which a penalty has not 
been provided, or shall fail, neglect or refuse to obey any lawful re¬ 
quirement or order made by any court upon its application, for every 
such violation, failure or refusal, such railroad or railroads shall forfeit 
and pay into the state treasury a sum of not less than one hundred dollars 
nor more than ten thousand dollars for each offense. In construing 
and enforcing the provisions of this section, the act, omission or failure 
of any officer, agent or other person acting for or employed by any 
railroad, acting within the scope of his employment, shall in every case 
be deemed to be the act, omission or failure of such railroad. [98 v. 356.] 

(244-38) Sec. 28. [Power of commission to regulate in cases not 
specifically designated.] Whenever, after hearing and investigation 
as provided by this act, the commission shall find that any charge, regu¬ 
lation or practice affecting the transportation of passengers or property, 
or any service in connection therewith, not hereinbefore specifically desig¬ 
nated, is unreasonable or unjustly discriminatory, it shall have the power 
to regulate the same as provided in sections 12 and 14 of this act. [98 
V. 356-] 

(244-39) Sec. 29. [Railroad accidents; duty of commission to 
investigate.] Every railroad shall, whenever an accident attended 
with loss of human life occurs within this state, upon its line of road 
or on its depot grounds or yards, give immediate notice thereof to the 
commission. In the event of any such accident, the commission, if it 
deem the public interest requires it shall cause an investigation to be made 
forthwith, which investigation shall be held in the locality of the accident, 
unless, for greater convenience of those concerned, it shall order such 
investigation to be held at some other place, and said investigation may 
be adjourned from place to place as may be found necessary and conve¬ 
nient. The commission shall seasonably notify an officer or station agent 
of the company of the time and place of the investigation. The cost of 
such investigation shall be certified by the chairman of the commission, 
and the same shall be audited and paid by the state in the same manner 
as other expenses are audited and paid and a record or file of said pro¬ 
ceedings and evidence shall be kept by said commission. [98 v. 356.] 

(244-40) Sec. 30. [Commission to inquire into neglect or viola¬ 
tion of laws.] The commission shall inquire into any neglect or 
violation of the laws of this state by any such railroad corporation herein¬ 
before defined doing business therein, or by the officers, agents or em- 


20 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


ployes thereof, or by any person operating a railroad, and shall have the' 
power, and it shall be its duty, to enforce the provisions of this act as- 
well as all other laws relating to railroads and report all violations thereof 
to the attorney general; 

[Attorney general or prosecuting attorney shall represent com¬ 
mission.] Upon request of the commission it shall be the duty of 
the attorney general or the prosecuting attorney of the proper county to 
aid in any investigation, prosecution, hearing or trial had under the 
provisions of this act, and to institute and prosecute all necessary actions 
or proceedings for the enforcement of this act and of all other laws of 
this state relating to railroads and for the punishment of all violations 
thereof. Any forfeiture or penalty herein provided shall be recovered 
and suit thereon shall be brought in the name of the state of Ohio in 
the court of common pleas for Franklin county, or of any county having 
jurisdiction of the defendant. The attorney general of Ohio shall be the 
counsel in any proceeding, investigation, hearing or trial prosecuted or 
defended by the commission, or any prosecuting attorney selected by said 
commission in any' county where such action is pending. [98 v. 357.] 
(244-41) Sec. 31. [Investigation of claims against railroad.] All 
claims against any railroad for loss of or damage to property for any 
cause, or for overcharge upon any shipments, or for any other service, if 
not acted within ninety days from the date of the filing of such claim 
with the railroad, may be investigated by the commission, in its discretion 
and the result of such investigation shall be embodied in a special report 
which shall be open to public inspection and may be included in.the next 
annual report of the commission. [98 v. 357.] 

(244-42) Sec. 32. [Substantial compliance sufficient.] A sub¬ 
stantial compliance with the requirements of this act shall be sufficient 
to give effect to all rules, orders, acts and regulations of the commission,, 
and they shall not be declared inoperative, illegal or void for. any omission: 
of a technical nature in respect thereto. [98 v. 357.] 

(244-43) Sec. 33. [Right of action of state or individual not 
affected.] This act shall not have the effect to release or waive any 
right of action by the state or by any person for any right, penalty or 
forfeiture which may have arisen or which may hereafter arise under any 
law of this state; and all penalties and forfeitures accruing under this, 
act shall be cumulative and a suit for, and recovery of one, shall not 
be a bar to the recovery of any other penalty. [98 v. 358.] 

(244-44) Sec. 34. [Provision of act enforceable by mandamus.] 
In addition to all the other remedies provided by this act for the pre¬ 
vention and punishment of any and all violations as to the provisions 
hereof and all orders of the commission, the commission can compel 
compliance with the provisions of this act and of the orders of the com¬ 
mission by proceedings in mandamus, injunction or by other appropriate- 
civil remedies. [98 v. 358.] 


TRANSPORTATION LAWS • OF THE STATE OF OHIO. 


21 


(244-45) Sec. 35. [Filing of rates.] Every railroad in this state 
-shall, within thirty days after the passage of this act, file in the office of 
the commission copies of all schedules of rates, including joint rates in 
force on its line or lines, between points within this state, on the date this 
act takes effect. [98 v. 358.] 

(244-46) Sec. 36. [Powers, duties and privileges of commis¬ 
sioner conferred on the commission.] All powers, duties and privi¬ 
leges imposed and conferred upon the commissioner of railroads and 
telegraphs of this state under existing laws are hereby imposed and con-, 
ferred upon the commission created under the provisions of this act; 

[Office of commissioner abolished.] Provided, that the power 
and duties conferred and imposed upon the railroad commissioner by 
laws in force at the passage of this act shall continue to be exercised 
by him until the commission provided for in section 1 of this act has 
been appointed and qualified whereupon the office of commissioner of 
railroads and telegraphs is hereby abolished. [98 v. 358.] 

(244-47) Sec. 37. [Invalidity of any section or part thereof of 
act not to affect any other part.] Each section of this act and every 
part of each section are hereby declared to be independent sections and 
parts of sections and the holding of any section or part thereof to be void 
or ineffective for any cause shall npt be deemed to affect any other section 
'Or any part thereof. [98 v. 358.] 

(244-48) Sec. 38. [Repeals, etc.] Sections 245, 246 and section 
249 of the Revised Statutes of Ohio are hereby repealed; provided, how¬ 
ever, no rates fixed by the commission shall exceed the maximum rates 
prescribed by any statute of the state of Ohio in force at the time the 
^commission fixes such rates, nor shall this act in any wise affect, modify 
•or repeal Section 3374 of the Revised Statutes of Ohio, as amended 
February 8, 1896. [98 v. 358.] 

Sec. 247. [Duty to examine tracks, bridges, etc., supposed to 
be dangerous; prescribe rate of speed for passing over same, or 
wholly stop the trains from passing over same; punishment of officers 
and others for disobeying orders; penalty.] When the commissioner 
has reasonable grounds to believe, either on complaint or otherwise, that 
any of the tracks, bridges, or other structures of any railroad in this state, 
are in a condition which renders them, or any of them, dangerous, or unfit 
for the transportation of passengers, he shall forthwith inspect and exam¬ 
ine the same; and, if on such examination by himself or his agent, he is of 
opinion that any such tracks, bridges, or other structures are unfit for 
the transportation of passengers with safety, he shall immediately give to 
the superintendent, or other executive officer of the company operating 
such road, notice of the condition thereof, and of the repairs or recon¬ 
structions necessary to place the same in a safe condition; and he may 
also prescribe the rate of speed for trains passing over such dangerous 


22 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


or defective track, bridge, or other structure, until the repairs or recon¬ 
structions required are made, and the time within which such repairs 
or reconstructions must be made; or if, in his opinion, .it is needful and 
proper, he may forbid the running of passenger trains over such defective 
track, bridge, or other structure; and if a superintendent or other execu¬ 
tive officer receiving such notice and order neglects for two days after 
receiving the same to direct the proper subordinate officer to run the 
passenger trains over such defective track, bridge, or other structure, 
at a speed not greater than that so prescribed, or if the running of pas¬ 
senger trains is so forbidden, then to stop running passenger trains 
over the same; or if any engineer, conductor, or other employe knowingly 
disobeys such order, every superintendent, officer, engineer, conductor, or 
employe, so offending, shall be fined in any sum not exceeding five hun¬ 
dred dollars, or imprisoned in the jail for any period not exceeding one 
year, or both, at the discretion of the court; and the company operating 
such road, if it neglects or without good cause fails to make the repairs 
or reconstruction prescribed by the commissioner within the time by him 
limited, shall for each day that such repair or reconstruction is delayed 
beyond the time prescribed, forfeit and pay to the State the sum of one- 
hundred dollars. [64 v. 111, § 6; S. & S. 77.] 

See § 1 of “an act for the protection of railroad employes.” (85 v. 105), (§ 3365-18.) 

Sec. 247a. [Gates, bells, devices or flagmen at crossings.] When,, 
in the opinion of the commissioner of railroads, the public safety requires 
that a gate or gates, automatic alarm-bell, or other mechanical device be 
erected and maintained at any place where a public road or street is crossed 
at the same level by any railroad, and which crossing has been declared' 
by said commissioner to be a dangerous one, or that a flagman be sta¬ 
tioned and maintained at such dangerous crossing, he shall give the su¬ 
perintendent, manager or other officer in charge of such railroad, a writ¬ 
ten notice that the same is required, and such company, person or corpo¬ 
ration owning or operating such railroad shall erect or station the same 
within such time thereafter as said commissioner shall prescribe. Any 1 
company, person or corporation neglecting or refusing to erect or main¬ 
tain such gate or gates, automatic alarm-bell or other mechanical device, 
or to maintain such flagman, when so required as aforesaid, shall forfeit 
and pay to the state, for every such neglect or refusal, the sum of one 
hundred dollars, and the further sum of ten dollars for every day while 
such neglect or refusal shall continue. [91 v. 353; 86 v. 367.] 

Sec. 247/?. [Regulations as to such gates, bells, devices or flag¬ 
men.] All gates, bells or devices, which by the provisions of this 
act are under the direction of the commissioner of railroads, shall be 
built in such a manner, and within such a time, and of such material 
as shall be approved by the commissioner of railroads, and shall be located 
on the highway or street, on one or both sides of the railroad track or 
tracks as the commissioner may deem the public safety to require, and 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


23 


shall be so constructed as, when closed, to obstruct and prevent any 
passage across such railroad or railroads from the side on which the gate 
may be located; or said bell shall be made to ring before the approach 
of each and every train of cars or of a locomotive within three hundred 
feet of such crossing, or more, according to the speed of the train, and 
continue to ring until the train of cars or the locomotive shall have 
reached the crossing. There shall be a person in charge of every such 
gate and it shall be his duty to close the same at the approach of every 
train of cars, or of a locomotive, and to keep it open at all other times. 
In case an automatic alarm-bell, or other mechanical device shall be re¬ 
quired at any such crossing, it shall be the duty of the railroad company 
at all times to keep such bell or device in good working order. For every 
neglect of such duty such person or railroad company, upon conviction 
thereof, shall pay the sum of twenty-five dollars. When more than one 
railroad crosses a public highway or street at such dangerous crossing, 
the expense incurred in the erection and maintenance of gates, bells or 
device provided for in this section, and of the necessary gate-keepers,, or 
of a flagman, shall be shared equally by the railroad companies along¬ 
side whose tracks the gates, bells or device shall be located. Provided 
that an automatic alarm-bell, or other mechanical device as provided 
for in this and the preceding section, shall not be erected within the limits 
of any city of the first class or of any city of the first, second, third and 
fourth grades of the second class, upon the order of the commissioner 
of railroads and telegraphs; but nothing herein contained shall prohibit 
any railroad company from using such automatic alarm-bell or other 
mechanical device, if it desire, at any public railroad crossing not declared 
dangerous by said commissioner of railroads and telegraphs; and pro¬ 
vided further, that where a gate or gates, has or have been erected, and 
is or are maintained, by the railroad company, or where a flagman has 
been stationed and is maintained by the railroad company, shall not be 
abandoned, and any automatic alarm-bell or other mechanical device 
substituted therefor. [91 v. 353; 86 v. 367.] 

Sec. 247c. [Gates or flagmen at dangerous crossings in Hamil¬ 
ton.] When, in the opinion of the city council of any city of the 
third grade b of the second class, the public safety requires that a gate or 
gates be erected and maintained at any place where a public road or street 
is crossed in said city at the same level by any railroad, and which 
crossing has been declared by said council to be a dangerous one, or that 
a flagman be stationed and maintained at such dangerous crossing, council 
shall give the superintendent, manager or other officer in charge of 
such railroad a written notice that the same is required, and such com¬ 
pany, person or corporation owning or operating such railroad shall erect 
or station the same within such time thereafter as council may prescribe. 
After said notice has been given to the superintendent, manager or other 
officer in charge of such railroad that the same is required, such railroad 


24 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

company and said council shall agree as to whether said crossing so 
declared to be dangerous shall be protected by a gate or gates, or a 
flagman; and if they fail to come to any agreement within ten days, then 
the question shall be submitted to arbitrators, the council selecting one 
person, the railroad company one; the two thus selected shall choose a 
third. The arbitrators thus selected shall decide whether said dangerous 
crossing shall be protected by a gate or gates, or a flagman, and their 
decision shall be final. Any company, person or corporation neglecting 
or refusing to erect or maintain such gate or gates, or to maintain such 
flagman when so required as aforesaid, shall forfeit and pay to the state 
for every such neglect or refusal the sum of one hundred dollars, and the 
further sum of ten dollars for every day while such neglect or refusal 
shall continue. Provided further, that nothing herein contained shall 
be construed as conflicting with section 247a. [91 v. 350*] 

Sec. 2. [Duty of prosecuting attorney.] It is hereby made the 
duty of the prosecuting attorney of the proper county, upon being advised 
of the violation of this act, to immediately commence civil action against 
said company, person or corporation in the name of the state for the 
recovery of the forfeitures and penalties imposed in this act. [91 v. 350.] 
Sec. 247^. [When railroad engines and trains may legally pass 
over grade crossing or bridge without stopping.] When in case two 
or more railroads or a railroad and an electric railroad crossing each 
other at a common grade, or any railroad crossing a stream by a swing or 
draw-bridge shall by 'a system of interlocking, or by other works or 
fixtures, to be erected by them, or either of them, render it safe for 
engines or trains to pass over such crossing, or bridge, without stopping, 
and such system of interlocking works or fixtures shall first be approved 
by the commissioner of railroads and telegraphs, and a plan of such inter¬ 
locking works or fixtures, for such crossing or bridge, designating the 
plan of crossing shall have been filed with such commissioner, then and in 
that case, it is hereby made lawful for the engines and trains of such rail¬ 
road or railroads, to pass over such crossing or bridge without stopping, 
any law, or the provisions of any law, now in force to the contrary not¬ 
withstanding, and all such other provisions of law contrary thereto are 
hereby declared not to be applicable in such case; 

[Discontinuance.] Provided, that the said commissioner shall have 
and is hereby given power in case such interlocking system or other 
fixtures, shall, in his judgment, prove to be unsafe or impracticable, to 
order the same discontinued, opportunity being first given the person 
or company operating the same to be heard before said commissioner as 
to the propriety of such order. In case such order is made and enforced, 
the existing statutes relative to stopping at crossings shall apply until 
such time as a device approved by said commissioner is substituted. [92 

V. 315 ] 


See Sec. 3333, et seq. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


25 


Sec. 247c. [Petition for safety devices and procedure thereon.] 

In case where the tracks of two or more railroads, or the tracks of a 
railroad and an electric railroad cross each other at a common grade in 
ihis state, any company owning any one of such tracks, whose managers 
may desire to unite with others in protecting such crossing with inter¬ 
locking, or other safety devices, and shall be unable to agree With such 
others on the matter, may file with the said commissioner a petition stat¬ 
ing the facts of the situation and asking said commissioner to order such 
crossing to be protected by interlocking or other safety devices; said peti¬ 
tion shall be accompanied by a plan showing the location of all tracks 
and switches, and upon the filing thereof notice shall be given to each 
company or persons owning or operating any track involved in such 
crossing, and the said commissioner shall thereupon view the site of such 
crossing and shall, as soon as practicable, appoint a time and place for the 
hearing of such petition. At the time and place named for hearing, 
unless the'hearing is for good cause continued, said commissioner shall 
proceed to try the question, of whether or not the crossing shall be pro¬ 
tected by interlocking or other safety devices, and shall give all companies 
and parties interested an opportunity to be fully heard; and after such 
hearing said commissioner shall enter an order upon a record-book, or 
docket, to be kept for the purpose, granting or denying such petition; 
and in case the same is granted, such order shall prescribe the inter¬ 
locking or other safety devices for such crossing and all other matters 
which may be deemed proper to the efficient protection of such crossing, 
and in such order the commissioner shall designate the proportion of the 
cost of the construction of such plant, and the expense of maintaining 
and operating the same, which each of the companies or persons con¬ 
cerned shall pay, and shall also fix the time within which such appliance 
shall be put in, such time, however, not to exceed ninety days from the 
making of such order. [92 v. 316.] 

5 N. P. S3. 

Sec. 247^. [Compulsory interlocking.] In case, however, one 
railroad company or an electric railroad company shall hereafter seek 
to cross at grade with its track, or tracks, the track, or tracks, of another 
railroad, the railroad company, or the electric railroad company, seeking to 
cross at grade shall be compelled to provide interlocking or other safety 
devices put in to the satisfaction of the said commissioner of railroads 
to protect such crossing, and to pay all costs of such appliance, together 
with the expense of putting them in. The future maintenance and 
operation thereof shall be equally apportioned between the two or more 
roads by the said commissioner of railroads and telegraphs; provided 
this act shall not apply to crossings of side tracks only. [93 v. 334; 
9 2 v - 3 I 5 -] 

See L. S. & M. S. v. Cleveland, 5 N. P. 83. 

I 

I 

. ' i 

i 1 


26 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 247g. [When railroad engines and trains and electric cars 
may legally pass over crossings without stopping.] Whenever inter¬ 
locking or other safety devices are constructed and maintained in com¬ 
pliance with section 2 or 3 [secs. 247^ and 247!/ ]of this act then and 
in that case it shall be lawful for the the engines and trains of such rail¬ 
road or railroads and the cars of such electric railroad to pass over said' 
crossing without stopping; any law or the provisions of any law, now 
in force to the contrary notwithstanding; and all such other provisions 
of law contrary thereto are hereby declared not to be applicable in such 
case. [92 v. 315.] 

Sec. 247 li. [Penalty for refusal or neglect to comply with order.] 
Any person, company or corporation refusing or neglecting to comply 
with any order made by the said commissioner of railroads and tele¬ 
graphs in pursuance of this act shall forfeit and pay a penalty of five 
hundred dollars per week for each week of such refusal and neglect, 
the same to be. recovered in an action of debt in the name of the state 
of Ohio, and to be paid, when collected, unto the county treasurer of 
any county in which such suit may be tried. [92 v. 315*] 

Sec. 248. [Shall examine into alleged violation of law by rail¬ 
road, its officers, agents, or employes.] When the commissioner, 
upon complaint, or otherwise, has reason to believe that any railroad 
company, or any officer, agent, or employe of any railroad company, has 
violated, or is violating, any of the laws of the state, he shall examine 
into the matter. [64 v. 111, § 5; S. & S. 76.] 

Sec. 248a. [Duty of commissioner of railroads as to differences 
between citizens and common carriers.] When the commissioner,, 
on complaint or otherwise, has reason to believe that differences have 
arisen between citizens of the state and any corporation operating as a 
common carrier, within the state, he shall examine into the matter, and 
shall report his findings to the general assembly, if in session, otherwise 
to the governor. [1886, May 18; 83 v. 206.] 

[Sec. 249. Repealed.] 

Sec. 250. [Commissioner may pass free over all railroads.] The 
commissioner shall have the right of passing, in the performance of his- 
duties, on all the railroads within the state, and upon all trains, and any 
part thereof, free of charge.[64 v. in, § 4; S. & S. 76.] 

Sec. (250—1). [Additional statements, etc., required of railroad 
and telegraph companies.] That every railroad company and tele¬ 
graph company incorporated or doing business in this state, or which 
shall hereafter become incorporated and do business under any general 
law in this state, shall, in addition to the reports already required by law, 
on or before the first day of September in each year, make and transmit 
to the commissioner of railroads and telegraphs a full and true state¬ 
ment under oath of the proper officers of said corporation, of the affairs- 
of the said corporation as the same existed on the 30th day of the pre- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 27 

ceding June. Such statement shall be in the form and manner as may 
be prescribed by the said commissioner of railroads and telegraphs. 
The commissioner shall prepare and furnish each railroad company, or 
to each organization having one or more railroads in charge, and to each 
telegraph company or general manager thereof in the state, blank forms 
for making the report required herein, and the said commissioner may 
at any time make and propound to such railroad companies any addi¬ 
tional interrogatories which to him may seem necessary. When any 
report is defective or appears to be erroneous, the said commissioner shall 
notify the corporation to amend the same in the matter or matters named' 
and make returns of the same within fifteen days. Every railroad cor¬ 
poration shall,, within a reasonable time after their road shall be con¬ 
structed, and at any other time when required by the said commissioner, 
cause to be made a map and profile thereof and file the same with the 
commissioner; every such map shall be drawn on a scale and certified 
and signed by the president or engineer of such corporation. Every rail¬ 
road'company and telegraph company shall make out under oath and file 
with said commissioner of railroads and telegraphs, on or before the 
first day of September of each year, a true list of the names of each and 
every stockholder, giving the number of shares owned by such stock¬ 
holder, together with his post-office address. [91. v. 154.] 

(250—2). [Expenses to be borne by railroad companies.] That 
for the purpose of maintaining the department of commissioner of rail¬ 
roads and telegraphs, and expenses incident to the same, and for the 
purpose of exercising police duties and supervision of railroads and tele¬ 
graphs of the state in the interest of public safety, the annual total ex¬ 
pense of said commissioner of railroads and telegraphs, including the 
salary of said commissioner, clerk, inspector, engineer, experts and addi¬ 
tional clerical force, and other expenses incident to said office and officer, 
not exceeding the sum of $15,000, shall be borne by the several corpora¬ 
tions owning or operating railroads within this state, according to their 
means, to be apportioned by the state board of equalization, who shall, on 
or before the first day in each year, assess upon each of said corporations 
its just proportion of said expenses in proportion to its gross earnings 
from operations for the next year preceding that in which the assessment 
is made. Such assessment so made by the state board of equalization 
shall, forthwith, be certified to the several railroad companies by the 
auditor of state and on or before the next following first day of August 
in each year the said railroad companies shall pay the amount of the 
assessment so apportioned to them by the auditor of state, who shall cover 
the same into the state treasury as a special fund for the maintenance 
of the said office of commissioner of railroads and telegraphs, and ex¬ 
penses incident thereto. [91 v. 154.] 

(250—3). [Penalty.] That any railroad company or telegraph 
company violating any of the provisions of this act, shall forfeit and pay. 


28 


transportation laws of the STATE OF OHIO. 


to the state of Ohio the sum of $1,000, and $25 per diem for every day 
that said , company refuses, neglects or, fails to comply with the require¬ 
ments of this act, which forfeiture and fine shall not release said company 
from the assessment herein provided for. [91 v. I54-] 

Sec. 251. [Annual reports of railroad companies; when to be 
made; what to contain; casualties and other information required by 
the commissioner; reason for failure to report any item, to be given.] 
The president, or other officer in charge of any railroad, situate in whole 
or in part within the state, shall, on or before the first day of September, 
in each year, make and file in the office of the commissioner a report, veri¬ 
fied by the oath of such officer, for the year ending on the thirtieth day of 
June preceding, which report shall state: 

As to Stock and Debt. 

1. The amount of capital stock subscribed. 

2. The amount of capital stock paid in. 

3. The amount of funded debt. 

4. The amount of floating debt. 

Total amount of paid in stock and debt. 

Cost of Road and Equipment. 

. 5. Cost of right of way. 

6. Cost of construction. 

7. Amount of all other items embraced in cost of road. 

5. Cost of equipment. 

Total cost of road and equipment. 

Characteristics of the Road , etc. 

9. Length of main line, single track, laid with rail. 

10. Length of branches, single track, laid with rail. 

11. Length of double track, main line and branches. 

12. Aggregate length of sidings and other tracks, not enumerated 
above. 

Total length of rail computed as single track. 

13. The maximum grade, with its length in main road, and also in 
branches. 

14. The shortest radius of curvature, with length of curve in main 
road, and also in branches. 

15. Total degrees of curvature in main road, and also in branches. 

16. Total length of straight line in main road, and also in branches. 

17. Number of wood bridges, and aggregate length. 

18. Number of iron bridges, and aggregate length. 

- 19. Number of stone bridges, and aggregate length. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


20 


20. The greatest age of wood bridges. 

21. Number of wood trestles, and aggregate length. 

22. The greatest age of wood trestles. 

23. Number and kind of tunnels, and aggregate length. 

24. Length of fence required to inclose road, both sides, and reasons 
why not completed. 

25. Number of engines. 

26. Number of express and baggage cars. 

27. Number of passenger cars. 

28. Number of freight cars. 

29. Number of other cars. 

30. The highest rate of speed allowed by express passenger trains. 

31. The highest rate of speed allowed by mail and accommodation 
trains. 

32. The highest rate of speed allowed by freight trains. 

33. The rate of fare for passengers charged for the respective 
classes per mile. 

34. The highest rate per ton per mile charged for the transporta¬ 
tion of the various classes of freight, through and local. 

Doings of the Year. 

35. Length of new rail laid. 

36. Length of re-rolled rail laid. 

37. Number and kind of bridges built, and length. 

38. Number of miles run by passenger trains. 

39. Number of miles run by freight trains. 

40. Number and kind of farm animals killed, and amount of dam¬ 
ages paid therefor. 

41. Number of passengers (all classes) carried. 

42. Number of passengers carried one mile. 

43. Number of tons of local freight carried. 

44. Number of tons of through freight carried. 

45. Total movement of freight, or number of tons carried one mile.. 

Earnings for the Year. 

46. From transportation of passengers. 

47. From transportation of freight. 

48. From mail and express service. 

49. From all other sources. 

Total earnings for the year. 

Expenditures for the Year. 

50. For construction and new equipment. 

51. For maintenance of way and structures. 


30 


transportation laws of the STATE OF OHIO. 


52. For maintaining and operating motive power and cars. 

53. For transportation expenses, including those of stations and 
trains. 

54. For interest on bonds and other indebtedness. 

55. For dividends, stating rate per cent. 

56. All other expenditures for management of road, and for other 
purposes. 

Total expenditures during the year. 

57. All casualties resulting in injuries to persons, giving the extent 
and causes of each, and such other and further information as may be 
required by the commissioner; but if any company is unable to furnish 
such required information, the reasons of such inability shall be given. 
[65 V. 183, §9; S.&S.78.] 

Sec. 252. [The commissioner shall prepare and furnish to rail¬ 
road and telegraph companies blanks for reports.] The commis¬ 
sioner shall prepare and furnish to each railroad company, or to each or¬ 
ganization having one or more railroads in charge, and to each telegraph 
company or chief manager thereof in the state, or having lines in the state, 
blank forms for making the reports required by this chapter, which blanks 
may be so prepared by the commissioner as to obtain the information re¬ 
quired by the foregoing inquiries more in detail, or omit such of a his¬ 
torical or permanent character as may have been given in previous reports. 
[65 v. 183, § 9; S. & S. 80.] 

Sec. 253. [Penalty against officer of railroad for failure to re¬ 
port.] A president or other officer in charge of a railroad, whether 
doing business or in course of construction, who refuses or neglects to 
make and furnish the report at the time prescribed in section two hun¬ 
dred and fifty-one, or any report required by the commissioner, shall for¬ 
feit and pay a sum not exceeding one thousand dollars; and he shall be 
subject to a like penalty for every period of thirty days thereafter he so 
refuses or neglects to furnish the same. [70 v. 158, § 10; S. & S. 78.] 

Sec. 254. [Annual report by telegraph company; when to be 
made and what to contain.] The president or chief officer of every 
telegraph line or company, whether the line is doing business or is in 
process of construction, shall make a report of the business of such line 
or company to the commissioner, in such form as he directs, on or before 
the first day of September, in each year, for the year ending on the preced¬ 
ing first day of June, which report must be verified by the oath of such 
president or officer in charge; and for neglect or refusal to make and 
furnish such report at the time herein named, the company owning such 
line shall forfeit and pay any sum not exceeding five hundred dollars; and 
the company is subject to a like penalty for every period of thirty days 
thereafter such president or chief officer so refuses or neglects to furnish 
the same. [70 v. 158, § 11.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


31 


Sec. 255. [Defective or erroneous reports shall be amended in 
fifteen days; returns must conform to forms prescribed; reason must 
be given for any failure in this respect.] When the returns of any 
corporation required to report to the commissioner of railroads and tele¬ 
graphs are incomplete, defective, or probably erroneous, the commissioner 
shall notify such corporation thereof, and it shall thereupon amend the 
return in the matter or matters named, and make return of such amend¬ 
ment within fifteen days; and all returns shall be in strict accordance with 
the forms prescribed by the commissioner; but if any corporation finds 
it impracticable to return all the items in detail, as required, it shall state 
the reason why such details cannot be given; but the fact that it does 
not keep its accounts in such a manner as to enable it to make such 
returns shall not be considered or taken as a valid excuse; and if the form 
for the returns and report furnished by the commissioner makes neces¬ 
sary any change or alteration in the ordinary method or form of keeping 
the accounts of such corporation, he shall give to such corporation at least 
thirty days’ notice thereof prior to the commencement of the year for 
which the changes and additions.are necessary in order to make the full 
returns required. [70 v. 276, § 1.] 

Sec. 256. [Companies operating railroads shall furnish copies of 
leases and contracts with other companies doing business thereon.] 
Every corporation or company operating a railroad, or any part of a 
railroad, within this state, shall, on demand of the commissioner, furnish 
him with copies of all leases, contracts and agreements with express, 
sleeping car, freight or rolling stock companies, or other companies doing 
business upon or in connection with such road; and the commissioner 
shall have power, personally or by agent, to examine any officer, agent, or 
employe of any railroad company, or of any of said other companies, under 
oath, relative to the stock which any officer, agent, or employe of the 
railroad company has in any of said other companies, so doing business 
upon or in connection with such road, and his pecuniary interest, direct 
or indirect, in any of said other companies. [70 v. 276, §§ 2, 3.] 

Sec. 257. [Fatal accidents shall be notified to commissioner by 
telegraph, and he may examine into the cause of the same.] The 
superintendent of every . corporation operating a railroad, or any part 
of a railroad, in this state, shall promptly notify by telegraph the com¬ 
missioner of all accidents happening on such railroad, or part of a 
railroad, in this state, resulting in loss of life to aqy person or persons; 
and the commissioner may, personally or by agent, examine into the 
cause and character of such accidents. [70 v. 276, § 2.] 

Sec. 258. [Commissioner has power to subpoena witnesses, etc.] 
The commissioner, in the discharge of his duties, has the power to 
subpoena witnesses, administer oaths, compel the production of books and 
papers, and gunish for contempt in the same manner and to the same 
extent as justices of the peace. [64 v. hi, § 5; 70 v. 276, § 3; S. & S. 76.] 


32 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 259. [Penalty for officer, agent, or employe of railroad to 
refuse to answer question.] An officer, agent or employe of any 
railroad company who refuses to answer any question propounded to 
him by the commissioner in the course of any examination authorized 
by this chapter, shall be fined in any sum not less than fifty dollars nor 
more than five hundred dollars; and the property of the railroad com¬ 
pany of which he is an officer, agent or employe is liable to be taken into 
execution to satisfy the fines and costs in such cases. [70 v. 276, § 3.] 

Sec. 260. [Statement required to be made by railroad com¬ 
panies.] The secretary of each railroad company, and of each tele¬ 
graph company, now doing business, or whose line is in process of con¬ 
struction, or which may be hereafter organized in the state, shall, within 
thirty days after the election of the directors of such company, make out 
and forward to the commissioner of railroads and telegraphs a list of 
the officers and directors of their respective companies, giving the place 
of residence and postoffice address of each; and thereafter, if any change 
occurs in the organization of the officers or board of directors of the 
company, shall notify the commissioner of railroads and telegraphs of 
the fact of such change, and the residence and postoffice address of each 
of the officers and directors. [70 v. 155, § 1.] 

Sec. 261. [Penalty for failure to comply.] For a failure to com¬ 
ply with the provisions of the preceding section, any company so neg¬ 
lecting for thirty days after the time herein provided, shall be subject 
to the 'same penalties as attach for neglecting or refusing to make the 
required annual report to the commissioner of railroads and telegraphs. 
[70 V. 155, § 2.] 

Sec. 262. [Prosecutions for fines only to be by civil action, and 
for fine and imprisonment by indictment.] All prosecutions against 
railroad or telegraph companies, or any officer, agent or employe thereof,, 
for forfeitures, penalties or fines, without imprisonment, provided for 
in this chapter, and other sections of the statutes and laws of Ohio, if 
not otherwise specifically stated, shall be by civil action in the name of 
the state; and all prosecutions for penalties involving imprisonment shall 
be by indictment. [90 v. 299.] 

Sec. 263. [Prosecutions by civil action; by whom brought.] The 
civil action provided for in the next preceding section shall be brought 
by the prosecuting attorney of the proper county at the instance of said 
commissioner or railroads and telegraphs; and in case said commis¬ 
sioner fail to so instruct the said prosecuting attorney of the proper 
county, upon the written request of^any taxpayer of the county to com¬ 
mence civil action provided for in the next preceding section, said prose.- 
cuting attorney shall do so, provided he is furnished with evidence which 
in his judgment will probably sustain such action, and if the action fail 
the costs in such case shall be adjudged against the county, except in 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


88 


such cases as hereinafter provided; provided, further, that where cause 
of civil action, arises, as provided for in the next preceding section, 
within the boundary lines of any municipality, in addition to the provi¬ 
sions already provided for in this section for instituting prosecutions 
of civil action, the city solicitor of any municipality shall, when required 
so to do by resolution of the council adopted by a majority of the quo¬ 
rum, institute such proceedings and prosecute them to final judgment. 
When such action is so brought by a municipality and fails on final 
judgment in the supreme court, the cost thereof shall be adjudged 
against such municipality, and time for notice of appeal and giving of 
bond shall not apply to cases within the meaning of this act. [90 v. 299.] 

Sec. 264. [Annual report to be made by the commissioner, and 
what to contain.] The commissioner shall make to the governor,, 
on or before the first day of January of each year a report of the affairs, 
and conditions of all the railroad and telegraph companies having lines, 
in this state, and also of accidents on railroads resulting in injuries to 
persons, and the circumstances and causes thereof; and he shall include 
in his report such other information and such suggestions and recom¬ 
mendations as, in his opinion, are of importance to the state. [74 v. 
33, § 12; S. & S. 80.] 

Sec. 265. [Moneys collected shall be paid into the state treas¬ 
ury; fees of prosecuting attorney.] All moneys arising from suits in 
the name of the state, or prosecutions against railroad companies or 
against any of their officers or employes, for violation of any of the 
provisions of law relating to railroads, shall be paid into the state treas¬ 
ury; but prosecuting attorneys, shall, for any moneys collected therein 
by them, be allowed ten per centum thereof for their services. [64 v. ill, 
§ 7; S. & S. 77 -] 

( i 536-748) R. S. Sec. 2134. [Effect of declaring quarantine.] 

Whenever quarantine is declared all railroads, steamboats, or other com¬ 
mon carriers, and the owners, consignees, or assignees of any railroad, 
steamboat, stage, or other vehicle used for the transportation of pass¬ 
engers, baggage or freight, shall submit to any rules or regulations im¬ 
posed by any board of health or health officer; they shall submit to any 
examination required by the health or health officer; they shall submit 
to any examination required by the health authorities respecting any cir¬ 
cumstance or event touching the health of the crew, operatives or passen¬ 
gers, and the sanitary condition of the baggage and freight; and any 
owner, consignee or assignee, or other person interested as aforesaid, who 
makes any unfounded statement or declaration respecting the points under 
examination, shall, upon conviction thereof before any court or justice 
of the peace, having jurisdiction be subjected to the penalties herein pro¬ 
vided for violations of the requirements of this chapter and the orders of 
the state or local boards of health. [71 v. 160, § 318; R. S. of 1880; 78 v.. 
188; 95 v. 432.] 

3 T. L. 


34 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


( i 536-752) R. S. Sec. 2135. [To whom and what quarantine rules 
shall apply.] All rules and regulations passed by the board of health 
or health officer, shall apply to all persons,,, goods or effects arriving by 
railroad, steamboat, or other vehicle of transportation, after quarantine is 
declared. [66 v. 203, § 320; R. S. of 1880; 80 v. 60; 90 v. 91; 95 v. 

432-] 

23 O. S. 510. 21 O. S. 421. 48 O. S. 273. 4 W. L. B. 201. 3 C. C. 455. 

(1536-1750) Sec. 1. [Council may require street railway com¬ 
pany to sprinkle its right of way.] That council of any municipality 

may by resolution require any interurban or street railway company to 
sprinkle with water their right of way on any street, alley or public high¬ 
way, or any portion thereof lying within the limits of such municipality. 
[98 V. 5.] 

(1536-175^) Sec. 2. [How enforced.] Upon failure of any street 
railway company, after proper notice, to comply with the provisions of 
such resolution, the municipality may do such sprinkling or contract for 
the same through its proper officials and in accordance with the laws 
relating to contracts, and the cost of the same shall be certified to the 
county auditor for collection, to be paid by such interurban or street rail¬ 
way companies as other taxes are paid. [98 v. 5.] 

(1536-176) R. S. Sec. 2494. [Council to pass ordinance to light 
bridge or railway.] When it is deemed necessary by the council 
of any city or village to have any bridge or railway, located in whole or 
in part in such corporation, owned, possessed, or operated by any indi¬ 
vidual, company, association or corporation, or any portion of the same, 
lighted, the council shall pass an ordinance for that purpose, requiring the 
individual, company, association, or corporation, owning, possessing or 
operating the same, to light such bridge or railway within a specified time; 
provided, that it shall not require any such railway or portion thereof to be 
lighted with electric arc lights. [67 (69) v. 47, § 429; R. S. of 1880; 
95 v. 419 -] 

(1536-177) R. S. Sec. 2495. [Character of the ordinance.] The 

ordinance shall specify the manner in which such bridge or railway shall 
be lighted, the number and style of lamp-posts, gas-posts, electric lights 
or other lights and fixtures and the time such lights shall be kept burning 
in each twenty-four hours. [66 v. 220, § 430; R. S. of 1880. 91 v. 147.] 

7 O. D. 681. 57 O. S. 336. 14 C. C. 205. - 

(1536-178) R. S. Sec. 2496. [Notice of requirement to light 
bridge or railway shall be given; time and manner.] Notice of such 
requirement to light any bridge or railway shall be given at least twenty 
days before penalty or charge shall be imposed for default, and such 
notice may be given by delivering to any owner or part owner, or any 
person having possession, charge or management of such bridge or rail¬ 
way, a written or printed copy of the ordinance, provided, however, that 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 35 

when such ordinance requires the lighting of a railway, service of such 
written or printed copy of the ordinance upon any ticket or freight agent 
of such railway company in such city or village, and if there be no such 
ticket or freight agent in such city or village, upon any ticket or 
freight agent of such railway company in the county wherein such 
city or village is located, shall be deemed sufficient, and shall charge 
the person, company, corporation, or partnership, owning or operating 
such railway with notice of the passage of said ordinance and the require¬ 
ments thereof. [66 v. 221; § 431; R. S. of 1880; 95 v. 369.] 

1 c. c. 337. 

(1536-179) R. S. Sec. 2497. [Procedure on failure to light bridge 
or railway.] If the person, company or corporation, owning, possess¬ 
ing or operating such railway or bridge, neglect or fail to do such light¬ 
ing in conformity with the provisions of the ordinance for twenty days 
after notice as aforesaid, the council may immediately proceed to cause 
the lighting to be done at the expense of such person or persons, company 
or corporations. [69 v. 47, § 432; R. S. of 1880.] 

57 O. S. 336. 

(1536-180) R. S. Sec. 2498. [Assessment for expense of such 
lighting, etc.] The council may direct the manner in which the ex¬ 
pense of lighting such bridge or railway shall be assessed and collected, 
and when assessed, the amount shall be a debt due against and payable 
by such person, company or corporation, and shall be a lien to be enforced 
as any other lien on such bridge and the land on which the same is 
built, or upon the real estate of the railway company or leasehold interest 
situate or being within the county wherein such city or village is located. 
[69 V. 47, § 433; R. S. of 1880.] 

32 O. S. 152. 

(1536-181) R. S. Sec. 2499. [How lien may be enforced.] The 

•charge may be collected or the lien enforced in the manner pointed out in 
the chapter providing for the assessment of damages and expenses for 
making public improvements. [66 v. 221, § 434; R. S. of 1880.] 

32 o. s. 152. 

STEAM CARS. 

(1536182) R. S. Sec. 2500. [Regulation of rate of speed.] When 
a railroad track is laid in a municipal corporation, the council may by or¬ 
dinance regulate the speed of all locomotives and railroad cars within 
the corporate limits; provided, such ordinance shall not require a less rate 
of speed than four miles an hour, and in villages having a population of 
two thousand or less, it shall not be fixed at.a less rate than eight miles 
an hour; and the corporate authorities may by civil action recover against 
any engineer, conductor, or company violating such.ordinance a sum of 


36 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


not less than five dollars nor more than fifty dollars for each offense. 
[74 v. 132, § 1; (S. & C. 321) ; R. S. of 1880.] 

14 O. S. 23. 19 O. S. 78. 23 O. S. 510. 34 O. S. 194. 22 O. S. 1. 28 O. S. 23. 41 O. 
S. 565. 45 O. S. 118. 

(1536-1910) Sec. i. [Council authorized to grant franchises to 
interurban railroads for the purpose of securing terminals in munici¬ 
palities.] That the council of any municipality may grant a franchise 
upon such terms and conditions as it may prescribe for the building of 
any interurban railroad having, constructing or building ten miles or 
more of track outside of such municipality, to any company or companies 
using electric or other motive power, save steam, for the purpose of 
securing to such company or companies access to or terminals within said 
municipality. The council may authorize such company to build and con¬ 
struct additional tracks and to operate cars thereon, on any street or 
streets, or parts of streets, of such municipality upon which tracks have 
not already been laid and where the consent of the owners of a majority 
foot frontage has already been obtained by such company and council 
may permit such interurban railroad to make use of the tracks or such 
parts of the track of any existing street railroad company within the 
limits of the municipality by agreement with the existing company in such 
municipality, or if no such agreement can be arrived at, such interurban 
railroad companies may be authorized by council to condemn the right to 
make use of the tracks of such existing company upon the payment of 
proper compensation, provided that such interurban railroad company 
shall be permitted to condemn and make use of not more more than one- 
eighth of the trackage of such company within the municipality, or so 
much as may be necessary to give such interurban company access to 
terminals within such municipality or to enable such company to 
secure a right of way over such tracks through such municipality, pro¬ 
vided, however, that any such interurban railway company seeking per¬ 
mission to enter or pass through any municipality shall not be required 
to submit to competitive bidding on such routes: provided that no grant 
or franchise shall be made to any such interurban company for a period 
longer than 20 years and provided further that no franchise granted under 
the provisions of this act shall be used for the purpose of operating a 
municipal street car system, it being the only intent of this act to provide 
a method whereby bonafide interurban railroads may gain access to, and 
a terminal within, and an exit from, a municipality. [98 v. 253.] 

TAXATION OF RAILROAD COMPANIES. 

Sec. 2770. [Board of appraisers for railroad company.] The 

county auditors of the several counties in this state in which any rail¬ 
road company now has, or hereafter may have, its tracks and roadway, 
or any part thereof, shall constitute a board of appraisers and assessors 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


37 


for such railroad company; any railroad company having its road, or 
and part thereof, in one county only, the auditor of such county shall 
constitute such board. [59 v. 88 § 1. S. & S. 766.] 

46 O. S. 153. 

Sec. 2771. [President of board.] The auditor of the county 
where such railroad company' has its principal office, if such principal 
office is in this state, and if such principal office is not in this state, then 
the auditor of the county having the largest city or village upon the line 
of such road, shall be the president of said board, whose duty it shall be 
to appoint the time and place for the meeting of such board, and notify 
the proper county auditors of the same at least five days before the time 
appointed for such meeting. In the absence or inability of the president, 
the board shall appoint one of its members president pro tempore. 

[Quorum.] In all meetings of any such board, a majority of 
such county auditors shall constitute a quorum, and a majority of those 
present at any meeting having a quorum shall decide all questions sub¬ 
mitted. 

[Secretary.] Each board shall appoint one of its number sec¬ 
retary, and full minutes of its proceedings shall be kept, which shall con¬ 
sist of a full and complete record of the votes of each member of said 
board. The valuation of the property shall be fixed only on motion made 
and duly seconded. On all such motions the yeas and nays shall be 
called, and each member’s vote shall be recorded by the secretary. Im¬ 
mediately after the board has adjourned, the secretary shall make a 
complete record of all the transactions of the proceedings of the board, 
and set forth therein the names and official capacity of the officials of the 
railroad present at such meeting. And a certified copy of such pro¬ 
ceedings, signed by the president and secretary thereof, shall be forwarded 
at once to the county auditor of each county constituting a member 
of said board, and the same shall be recorded in a book kept in the county 
auditor’s office subject to the inspection of any person during office hours, 
and the certified copy shall alike be kept on file in said county auditor’s 
office, and for like examination. [88 v. 417; 59 v. 88, § 2; S. & S. 766.] 

Sec. 2772. [Board of valuation of railroad to meet annually, in 
May.] It shall be the duty of each board to meet in the month of 
May, in the present and each succeeding year, at such time as the presi¬ 
dent thereof may appoint and if no meeting be appointed by him before 
the second Tuesday in May, the several county auditors shall meet on 
that day, in the place where the proper railroad for which said auditors 
constitute the board, as aforesaid, has its principal office, br in the princi¬ 
pal city or village upon the line of such road, as the case may be, 

[Duties of the board.] And proceed to ascertain all the personal 
property, which shall be held to include road bed, water and wood 
stations, and such other realty as is necessary to the daily running opera- 


38 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


tions of the road, moneys and credits of such company, and the undivi¬ 
ded profits, reserved or contingent fund of said company, whether the 
same may be in monies, credits, or in any manner invested, and the 
actual value thereof in money; and also locomotives and cars not be¬ 
longing to the company, but hired for its use or run under its control 
on its road by a sleeping car company or other company; but as to such 
rolling stock not belonging to it, but under its control, the railroad 
company may return the same separate from its own property, and if 
so returned, the board shall fix the valuation of such property separated, 
but include the amount in the aggregate valuation. Such boards shall 
have power to require from the president, secretary, treasurer, receiver 
and principal accounting officer of such road, a detailed statement, under 
oath, of all the items and particulars constituting such property, moneys 
and credits and the value thereof, and may examine the books 
and papers of such road, and any or all of its officers, re¬ 
ceivers, servants or agents, under oath, touching any matter relating 
to the same. Any county auditor present at such meeting is authorized 
and empowered to administer such oath. It shall be the duty of said 
board of appraisers and assessors to report annually, on or before the 
first Monday in the month of June, to the auditor of state, the amount 
assessed upon each railroad company, specifying the total sum and 
amount distributed to each county; which shall be by the auditor of 
state communicated to the general assembly, with his annual report 
in tabular form. [64 v. 114, .§ 3; S. & S. 768.] 

Sec. 2773. [Penalty for officers, etc., refusing to comply with 
requirements of board.] Any president, secretary, receiver, account¬ 
ing officer, servant or agent, of any railroad company having any portion 
of its roadway in this state, who shall refuse to attend befpre the proper 
board of appraisers and assessors when required so to do, or refuse to 
submit to the inspection of said board any books or papers of such rail¬ 
road company in his possession, custody or control, or shall refuse to 
answer such questions as may be put to him by said board or its order, 
touching the business, property, moneys and credits, and the value 
thereof, of said railroad company, shall be guilty of a misdemeanor, and, 
on conviction thereof, before any court of competent jurisdiction, shall 
be confined in the jail of the county not exceeding thirty days, and 
be fined in any sum not exceeding five hundred dollars and costs; 

[Contempt of board; punishment.] And any president, secre¬ 
tary, receiver, accounting officer, servant or agent, as aforesaid, so re¬ 
fusing, as aforesaid, shall be deemed guilty of contempt of such board, 
and may be confined by order of said board in the jail of the proper 
county until he shall comply with such order, and pay the costs of his 
imprisonment. [59 v. 88, § 4. S. & S. 766.] 

Sec. 2774. [Apportionment of valuation of railway property.] 

The value of such property, moneys and credits of any railroad company, 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


39 


as found and determined by such board, shall be apportioned by said board 
among the several counties through which such road, or any part thereof, 
runs, so that to each county and to each city, village, township and 
district, or part thereof therein, shall be apportioned such part thereof 
as shall equalize the relative value of the real estate, structures and sta¬ 
tionary personal property of such company therein, in proportion to the 
whole value of the real estate, structures and stationary personal property 
of such railroad company in this state; and so that the rolling stock, main 
track, road bed, supplies, moneys and credits of such company, shall be 
apportioned in the same proportion that the length of such road in said 
county bears to the entire length thereof in all said counties or county, 
and to each city, village and district, or any part thereof therein; pro¬ 
vided that if the line of any railroad company is divided into separate 
divisions or branches, so much of the rolling stock of such company as 
belongs to or is used solely upon any one of such divisions or branches 
shall be apportioned in the same manner to the county or counties and 
to each city, village and district, or any part thereof therein through 
which such branch or division runs; and the board shall certify to the 
county auditor of each county, and to each city, incorporated village, 
township and district, or any part thereof therein interested, the amount 
apportioned to his county, and the board shall make and forward a like 
certificate, together with all the reports of the various railroad officers, 
and other papers and evidence which formed the basis of their valuation, 
to the auditor of state, for the use of the state board of equalization of 
railroad property. It shall be the duty of the county auditor, upon re¬ 
ceiving the certificate aforesaid, to apportion the amount therein stated 
to the cities, villages, townships, districts or parts thereof; but the 
auditor shall not put the same on the tax-list until he shall have been 
advised of the action of said state authority, when the proper amounts 
shall be entered on the tax-lists. [1885, April 27: 82 v. 160; Rev. Stat. 
1880; 59 v. 88, § 5 ; 64 v. 58, § 1; ('S. & S. 767, 768).] 

11 W. L. B. 234. 

This section is valid. If the railroad runs through a taxing disttict created under the one 
mile assessment pike act a proportion of it is taxable therein. R. R v. Commrs., 48 O. S., 249. 

The principle of this section is substantially applied to telegraph and telephone companies. 
State v. Jones, 51 O. S. 492, 508. 

Sec. 2775. [Compensation of members of the board.] Each 
county auditor shall be paid from the treasury of his county the sum of 
three dollars for each day’s attendance as a member of any board afore¬ 
said under this chapter, and five cents a mile going to and returning from 
its place of meeting. [59 v. 88, § 7; S. & S. 767.] 

Sec. 2776. [How portion of value for this state found when part 
of road in another.] When any railroad company has part of its road 
in this state and part thereof in any other state or states, the proper board 
shall take the value of such property, moneys, and credits of such company 
so found and determined, as aforesaid, and divide it in the proportion the 


40 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


length of such road in this state bears to the whole length of such road, 
and determine the principal sum for the value of such road in this state 
accordingly, equalizing the relative value thereof in this state, as above 
provided. [59 v. 88, § 8; S. & S. 767.] 

46 o. S., 153. 

(2776-1) Sec. 1. [Board of appraisers and assessors for subur¬ 
ban or interurban electric railroad companies.] The county aud¬ 
itors of the several counties in this state in which any suburban or inter- 
urban electric railroad company now has, or hereafter may have its track 
and roadway, or any part thereof, shall constitute a board of appraisers 
and assessors for such company; where any suburban or interurban 
electric railroad company having its road, or any part thereof, in one 
county only, the auditor of such county shall constitute such board. [97 
v S 7 2 -\ 

(2776-2) Sec. 2. [President of board.] The auditor of the 
county where such suburban or interurban electric railroad company, has 
its principal office, if such principal office is in this state, and if such 
principal office is not in this state, then the auditor of the county having 
the largest city or village upon the line of such road shall be the presi¬ 
dent of said board, whose duty it shall be to appoint the time and place 
for the. meeting of such board and notify the proper county auditors of 
the same, at least five days before the time appointed for such meeting. 
In the absence or inability of the president the board shall appoint one 
of its members president pro tempore. 

[Quorum.] In all meetings of any such board, a majority of 
such county auditors shall constitute a quorum, and a majority of those 
present at any meeting having a quorum shall decide all questions sub¬ 
mitted. 

[Secretary.] Each board shall appoint one of its number sec¬ 
retary, and full minutes of its proceedings shall be kept, which shall con¬ 
sist of a full and complete record of the votes of each member of said 
board. 

[Record of votes.] The valuation of the property shall be fixed 
only on motion made and duly seconded. On all such motions the yeas 
and nays shall be called, and each member’s vote shall be recorded by 
the secretary. 

[Record of Proceedings.] Immediately after the board has ad- 
joured, the secretary shall make a complete record of all the trans¬ 
actions of the proceedings of the board, and set forth therein the 
names and official capacity of the officials of any such company 
present at such meeting. 

[Copy of minutes to be kept in auditor’s office.] And a certified 
copy of such proceedings, signed by the president and secretary thereof, 
shall be forwarded at once to the county auditor of each county con- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


41 


stituting a member of said board, and the same shall be recorded in a 
book kept in the county auditor’s office, subject to the inspection of any 
person during office hours, and the certified copy shall alike be kept on 
file in said county auditor’s office and for like examination. [97 v. 572.] 
(2776-3) Sec. 3. [Board of valuation of electric railways to meet 
annually in June; duties of board.] It shall be the duty of each board 
to meet in the month of June in the present and each succeeding year, at 
such time as the president thereof may appoint; and if no meeting be 
appointed by him before the second Tuesday in June, the several county 
auditors shall meet on that day, in the place where the proper road for 
which said auditors constitute the board, as aforesaid, has its principal 
office, or in the principal city or village upon the line of such road, as 
the case may be, and proceed to ascertain all the personal property, which 
shall be held to include road-bed, stations, power houses, poles, wires, and 
such other realty as is necessary to the daily running operations of the 
road, moneys and credits of such company, and the undivided profits, re¬ 
served or contingent fund of said company, whether the same may be in 
moneys, credits, or in any manner invested, and the actual value thereof 
in money; and also locomotives, motors and cars not belonging to the 
company, but hired for its use or run under its control on it 3 road by a 
sleeping car company or other company; but as to such rolling stock not 
belonging to it, but under its control, the suburban or interurban electric 
railroad company, may return the same separate from its own property, 
and if so returned, the board shall fix the valuation of such property 
separated, but include the amount in the aggregate valuation. Such 
boards shall have power to require from the president, secretary, treas¬ 
urer, receiver, and principal accounting officer of such road, a detailed 
statement, under oath, of all the items and particulars constituting such 
property, moneys, and credits, and the value thereof, and may examine 
the books and papers of such road, and any or all of its officers, receivers, 
servants, or agents, under oath, touching any matter relating to the same. 
Any county auditor present at such meeting is authorized and empow¬ 
ered to administer such oath. It shall be the duty of said board of 
appraisers and assessors to report annually, on or before the. first 
Monday in the month of July to the auditor of state, the amount assessed 
upon each suburban or interurban electric railroad company, specifying 
the total sum and amount distributed to each county; which shall be by 
the auditor of state communicated to the general assembly, with his annual 
report, in tabular form. [97 v. 572.] 

(2776-4) Sec. 4. [Penalty for officers, etc., refusing to comply 
with requirements of board; contempt of board; punishment.] Any 
president, secretary, receiver, accounting officer, servant, or agent, of any 
suburban or interurban electric railroad company, having any portion of 
its road-way in this state, who shall refuse to attend before the proper 
board of appraisers and assessors when required so to do, or refuse to sub- 


42 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


mit to the inspection of said board any books or papers of such suburban 
or interurban electric railroad company, in his possession, custody or con¬ 
trol, or shall refuse to answer such questions as may be put to him by 
said board on its order, touching the business, property, moneys, and cred¬ 
its, and the value thereof, of said suburban or interurban electric railroad 
company, shall be guilty of a misdemeanor, and, on conviction thereof, 
before any court of competition jurisdiction, shall be confined in the jail 
of the county not exceeding thirty days, and be fined in any sum not 
exceeding five hundred dollars and costs 5 and any president, secretary, 
receiver, accounting officer, servant or agent, as aforesaid, so refusing, 
as aforesaid, shall be deemed guilty of contempt of such board, and may 
be confined by order of said board in the jail of the proper county until 
he shall comply with such order, and pay the costs of his imprisonment. 
[97 v. 573 -] 

(2776-5) Sec. 5. [Apportionment of valuation of railway prop¬ 
erty.] The value of such property, moneys and credits, of any subur¬ 
ban or interurban electric railroad company, as found and determined 
by such board, shall be apportioned by such board among the several coun¬ 
ties through which such road, or any part thereof, runs, so that to each 
county and to each city, village, township and district, or part thereof 
therein, shall be apportioned such part thereof as shall equalize the rela¬ 
tive value of the real estate, structures, and stationary personal property 
of such company therein, in proportion to the whole value of the real 
estate, structures, and stationary personal property of such suburban or 
interurban electric railroad company in this state; and so that the roll¬ 
ing stock, main track, road-bed, power houses, poles, wires, supplies, 
moneys and credits of such company shall be -apportioned in the same 
proportion that the length of such road in such county bears to the entire 
length thereof in all said counties, or county, and to each city, village and 
district, or any part thereof therein, provided that if the line of any sub¬ 
urban or interurban electric railroad company is divided into separate 
divisions or branches, so much of the rolling stock of such company as be¬ 
longs to, or is used solely upon any one of such divisions or branches 
shall be apportioned in the same manner to the county, or counties, and 
to each city, village, and district, or any part thereof therein, through 
which such branch or division runs, and the board shall certify to the 
county auditor of each county, and to each city, incorporated village, 
township and district, or any part thereof therein interested, the amount 
apportioned to his county, and the board shall make and forward a like 
certificate, together with all the reports of the various officers of said 
companies, and other papers and evidence which form the basis of their 
valuation, to the auditor of state, for the use of the state board of equali¬ 
zation of railroad property. It shall be the duty of the county auditor, 
upon receiving the certificate aforesaid, to apportion the amount therein 
stated, to the cities, villages, townships, districts, or parts thereof; but 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


43 


the auditor shall not put the same on the tax list until he shall have been 
advised of the action of said state authority, when the proper amounts 
shall be entered on the tax lists. [97 v. 574.] 

(2776-6) Sec. 6. [Compensation of members of board.] Each 
county auditor shall be paid from the treasury of his county the sum 
of three dollars for each day’s attendance as a member of any board 
aforesaid under this chapter, and five cents a mile going to and returning 
from its place of meeting. [97 v. 574.] 

(2776-7) Sec. 7. [How portion of value for this state found 
when part of road in another.] When any suburban or interurban 
electric railroad company, has part of its road in this state and part there¬ 
of in any other state or states, the proper board shall take the value of such 
property, moneys, and credits of such company so found and determined, 
as aforesaid, and divide it in the proportion the length of such road in this 
state bears to the whole length of such road, and determine the principal 
sum for the value of such road in this state accordingly, equalizing the 
relative value thereof in this state, as above provided. [97 v. 575.] 

(2776-8) Sec. 8. [Annual state board of equalization for electric 
railroads; how constituted and their meeting.] The auditor, of state, 
treasurer of state, commissioner of railroads and telegraphs and the at¬ 
torney general, shall also constitute a board of equalization of the values 
of the property of interurban and suburban electric railroad companies 
as the same are fixed by the county auditor or auditors; and for this pur¬ 
pose they shall meet at the office of the auditor of state, on the Wednes¬ 
day after the tenth day of July annually, and examine the returns and 
documents sent to the auditor of state by the county auditor or boards of 
county auditors in this behalf. [97 v. 575.] 

(2776-9) Sec. 9. [Powers of board.] The said board shall hear 
complaints and equalize said values by adding to the valuation of the prop¬ 
erty of such companies as have been undervalued, and deducting from the 
valuation of the property of such as have been overvalued; provided, that 
the board, in such equalization, shall not reduce the aggregate of the 
value of the property of such companies within the state below the amount 
returned by the county auditor or the board of county auditors. [97 
v- 575 ] 

Sec. 2777. [Express, telegraph and telephone companies de¬ 
fined.] Any person or persons, joint stock association or corpora¬ 
tion, wherever organized or incorporated, engaged in the business of 
conveying to, from, or through this state, or any part thereof, money, 
packages, gold, silver, plate or other article, by express, not including 
the ordinary lines of transportation of merchandise and property in this 
state, shall be deemed to be an express company; any person or persons, 
joint stock association or corporation, wherever organized or incorpo¬ 
rated, engaged in the business of transmitting to, from, through, or in 


44 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

this state, telegraphic messages, shall be deemed to be a telegraph 
company; and any person or persons, joint stock association or corpo¬ 
ration, wherever organized or incorporated, engaged in the business of 
transmitting to, from, through, or in this state, telephonic messages shall 
be deemed to be a telephone company. [91 v. 220; 90 v. 330; 59 v. 91; 
§ 5. S. & S. 770.] 

Sec. 2778. [Annual statements to auditor of state.] Every ex¬ 
press, telegraph and telephone company defined in section 2777, doing 
business in this state, shall annually, between the first and thirty-first 
days of May, under the oath of the person constituting such ..company, 
if a person, or under the oath of the president, secretary, treasurer, super¬ 
intendent or chief officer in this state of such association or corporation, 
if an association or corporation, make and file with the auditor of state a 
statement, in such form as the auditor of state may prescribe, containing 
the following facts: 

1. The name of the company. 

2. The nature of the company, whether a person or persons, or 
association or corporation, and under the laws of what state or country 
organized. 

3. The location of its principal office. 

4. The name and postoffice address of the president, secretary, 
auditor, treasurer and superintendent or general manager. 

5. The name and postoffice address of the chief officer or managing 
agent of the company in Ohio. 

6. The number of shares of the capital stock. 

7. The par value and market value, or if there be no market value, 
the actual value of its shares of stock on the first day of May. 

8. A detailed statement of the real estate owned- by the company in 
Ohio, where situate, and the value thereof as assessed for taxation. 

9. A full and correct inventory of the personal property, including 
moneys and credits, owned by the company in Ohio on the first day of 
May, where situate, and the value thereof. 

10. The total value of the real estate owned by the company and 
situate outside of Ohio. 

11. The total value of the personal property owned by the company 
and situate outside of Ohio. 

12. In the case of telegraph and telephone companies, the whole 
length of their lines, and the length of so much of their lines as is without 
and is within the state of Ohio, which lines shall include what said tele¬ 
graph and telephone companies control and use under lease or otherwise; 
also, the miles of wire in each taxing district in Ohio. 

13. In the case of telegraph and express companies, the entire gross 
receipts of the company, from whatever source derived, for the year 
■ending the first day of May, of business wherever done. 

14. In the case of telegraph and express companies, the gross re- 


TRANSPORTATION LAWS OF THE STATE OF OHIO, 


45 


ceipts for the year ending the first day of May, from whatever source 
derived, of each office within the state of Ohio, and the total gross re¬ 
ceipts of the company for such period in Ohio. 

15. In the case of express companies, the whole length of the lines 
of rail and water routes, over which the company did business on the first 
day of May, and the length of so much of said lines of land and water 
transportation as is without and is within Ohio, naming the lines within 
Ohio. 

16. Such other facts and information as the auditor of state may 
require in the form of returns prescribed by him. 

Blanks for making the above statement shall be prepared, and, on 
application, furnished any company by the auditor of state. Express,, 
telegraph and telephone companies shall not be required to make returns 
under, and shall not be governed by the provisions of section 2744 of 
the Revised Statutes. [91 v. 220; 90 v. 331; 62 v. 174, § 1; S. & S. 771.] 

49 O. S. 608. 28 O. S. 521. 55 O. S. 80. 127 U. S. C. 411. 

Sec. 2778a. [State board of appraisers and assessors; constitu¬ 
tion, powers, duties, etc.] The auditor of state, treasurer of state and 
attorney general shall constitute a board, named the state board of ap¬ 
praisers and assessors, of which board the auditor shall be ex-officio 
president. In the absence or inability of the auditor, the board shall 
appoint one of its members president pro tempore. The board shall 
appoint a secretary and full minutes of its proceedings shall be kept. 
The board shall, annually, on the first Monday in June, meet in the office 
of the auditor of state, for the purpose of assessing the property of ex¬ 
press, telegraph, and telephone companies in Ohio. On the meeting of 
the board, the auditor of state shall lay before the board the statements 
and schedules returned to him under section 2778. 

[Method of fixing assessments.] The said board shall proceed 
to ascertain and assess the value of the property of said express, tele¬ 
graph, and telephone companies in Ohio, and in determining the value 
of the property of said companies in this state, to be taxed within the 
state and assessed as herein provided, said board shall be guided by 
the value of said property as determined by the value of the entire capital 
stock of said companies, and such other evidence and rules as will enable 
said board to arrive at the true value in money of the entire property of 
said companies within the state of Ohio, in proportion which the same 
bears to the entire property of said companies, as determined by the value 
of the capital stock thereof, and the other evidence and rules as aforesaid. 
The board may adjourn from time to time until the business before it is 
finally disposed of. In case any company fails or refuses to make the 
statement required by law, or furnished the board any information re¬ 
quested, the board shall inform itself, as best it may, on the matters 
necessary to be known, in order to discharge its duties with respect to 
the assessment of the property of such company. At any time after the 


46 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


meeting of the board on the first Monday in June, and before the assess¬ 
ment of the property of any company is determined, any company or 
person interested shall have the right, on written application, to appear 
before the board and be heard in the matter of the valuation of the 
property of any company for taxation. 

[Corrections of assessments.] After the assessment of the prop¬ 
erty of any company for taxation by the board, and before the certifi¬ 
cation by the auditor of state of the apportioned valuation to the several 
counties, as provided in section 2780, the board may, on the application 
of any interested person or company, or on its own motion, correct the 
assessment or valuation of the property of any company, in such manner 
as will, in its judgment, make the valuation thereof just and equal. The 
provisions of section 167 of the Revised Statutes shall apply to the cor¬ 
rection of any error or over-valuation in the assessment of property for 
taxation by the state board of appraisers and assessors, and to the re¬ 
mission of taxes and penalties illegally assessed thereon. [91 v. 221, 
90 v. 331.] 

Sec. 2779. [Penalty for failure to file statement.] In case any 
company required to file a statement under the provisions of section 2778, 
fails to make and file such statement on or before the thirty-first day of 
May, such company shall be subject to a penalty of five hundred dollars, 
and an additional penalty of one hundred dollars for each day’s omission 
after the thirty-first day of May to file such statement, said penalty to be 
recovered by action in the name of the state, and, on collection, paid into 
the state treasury to the credit of the general revenue fund. The attorney 
general, on the request of the state board of appraisers and assessors, shall 
institute such action against any company so delinquent in the court of 
common pleas of Franklin county. 

[Further powers of state board.] That the state board of ap¬ 
praisers and assessors shall have power to require the president, secretary, 
treasurer, receiver, superintendent or managing agent, or other officer, 
or employe or agent, of any express/telegraph, and telephone company to 
attend before the board, and bring with him for the inspection of the 
board, any books or papers of such company in his possession, custody 
or control, and to testify under oath touching any matter relating to the 
business, property, moneys or credits and the value thereof, of such 
company. 

[Penalties to which officers, employes and agents of companies 
liable.] Any member of the board is authorized and empowered to 
administer such oath. Any officer, employe or agent of such company 
who shall refuse to attend before the board when required to do so or 
shall refuse to bring with him and submit for the inspection of the board 
any books or papers of such company in his possession, custody or con¬ 
trol, or shall refuse to answer any question put to him by the board or any 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


47 


member thereof, touching the business, property, moneys and credits and 
the value thereof, of such company, shall be guilty of a misdemeanor, and 
on conviction thereof before any court of competent jurisdiction shall 
be fined not more than five hundred dollars or imprisoned not more than 
thirty days, or both; and any officer, employe or agent of such company 
so refusing, as aforesaid, shall be deemed guilty of contempt of such 
board, and may be confined, by order of said board, in the jail of the 
proper county until he shall comply with the requirements of the board 
and pay the costs of his imprisonment. 

[Certain provisions Revised Statutes made applicable to board 
and companies.] The state board of appraisers and assessors shall 
have and may exercise all the powers possessed by county auditors under 
sections 2781 to 2785 inclusive, of the Revised Statutes; and said ex¬ 
press, telegraph, and telephone companies shall be subject to all the 
provisions and penalties of said sections. [91 v. 222; 90 v. 332; 59 v. 91, 
§§ 2, 3; S. & S. 769.] 

Sec. 2780. [Report of board; filing of statements, etc.] The 

state board of appraisers and assessors shall, on or before the first Monday 
in August, report to the auditor of state the total value of the property 
of express, telegraph and telephone companies • in Ohio, as ascertained 
and assessed by the board; at the same time, the board-shall file with 
the auditor of state the statements of the various companies and other 
papers before it. 

[Deduction of value of real estate.] The auditor of state shall 
deduct from the total value of the property of each of said com¬ 
panies in Ohio, the value, as assessed for taxation, of any real estate situ¬ 
ate in Ohio, and owned by such company. The value of the property 
of said companies in Ohio, after deducting the value of the real estate, 
shall be apportioned by the auditor of state among the several counties 
through or into which the lines of such telegraph or telephone com¬ 
panies run, so that to each county shall be apportioned such part of the 
entire valuation as will equalize the relative value of the property of the 
company therein, in proportion to the whole value of the property of the 
company in the state, and in the proportion that the length of the lines of 
wire owned by the company, or in the country bears to the whole length 
of the lines of wire in the state. 

[Apportionment and taxation of valuations.] The value of the 
property of any express company shall be apportioned by the auditor of 
state among the several counties in which the company does business, in 
the proportion that the gross receipts in each county bear to the. entire 
gross receipts in the state. The auditor of state shall, on or after the 
fifteenth day of August, certify to the county auditor the amount appor¬ 
tioned to his county, and the county auditor, upon receiving such certifi¬ 
cate, shall apportion the amount therein stated among the cities, villages, 


48 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


townships or other taxing districts, after the same method used for the 
apportionment of the valuation in the state among the counties; and the 
county auditor shall place the apportioned valuation on the tax duplicate,, 
and taxes shall be levied and collected thereon at the same rate and in 
the same manner as taxes are levied and collected on other personal prop¬ 
erty in the taxing district in question. [91 v. 223; 90 v. 332; 60 v. 11, §1; 
S. & S. 771.] 


TAXATION OF FREIGHT LINE AND EQUIPMENT COMPANIES. 

(278c—7) Se.c. i. [Freight line company.] That any person or 
persons, joint stock association or corporation, wherever organized or 
incorporated, engaged in the business of operating cars, not otherwise 
listed for taxation in Ohio, for the transportation of freight, whether such 
freight be owned by such company, or any other person or company, over 
any railway line or lines in whole or part within this state, such line or 
lines not being owned, leased or operated by such company, whether such 
cars be termed box, flat, coal, ore, tank, stock, gondola, furniture or refrig¬ 
erator cars, or by some other name, shall be deemed to be a freight-line 
company; 

[Equipment company.] Any person or persons, joint stock as¬ 
sociation or corporation, wherever organized, engaged in the business of 
furnishing or leasing cars, of whatsoever kind or description, to be used in 
the operation of any railway line or lines, wholly or partially within this 
state, such line or lines not being owned, leased or operated by such com¬ 
pany, and such cars not being otherwise listed for taxation in Ohio, shall 
be deemed to be an equipment company. [92 v. 89.] 

(2780—8) Sec. 2. [Annual statement of such companies.] Every 
freight-line and equipment company defined in section one (1) hereof, 
doing business or owning cars which are operated in this state, shall, an¬ 
nually, between the first and thirty-first days of May, under the oath of 
the person constituting such company, if a person, or under the oath of 
the president, secretary, treasurer, superintendent or chief officer in this 
state of such association or corporation, if an association or corporation, 
make and file with the auditor of state a statement, in such form as the 
auditor of state may prescribe, containing the following facts: 

1. The name of the company. 

2. The nature of the company, whether a person or persons, or 
association or corporation, and under the laws of what state or country 
organized. 

3. The location of its principal office. 

4. The name and postoffice address of the president, secretary, au¬ 
ditor, treasurer, and superintendent or general manager. 

5. The name and postoffice address of the chief officer and managing 
agent of the company in Ohio. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


49 


6. The number of shares of the capital stock. 

7- The par value and market value, or, if there be no market value, 
the actual value of the shares of stock on the first day of May. 

8. A detailed statement of the real estate owned by the company 
in Ohio, where situate, and the value thereof, as assessed for taxation. 

9. The total value of the real estate owned by the company and situ¬ 
ate outside of Ohio. 

10. The whole length of the lines of railway over which the com¬ 
pany runs its cars, and the length of so much of said lines as is without 
and is within the state of Ohio. 

11. In the case of an equipment company, the whole number and 
value of the cars owned and leased by the company, classifying the cars 
according to kind; also, the whole length of the lines of railway, 
wherever located, operated by the companies (naming them), to which 
cars owned by such equipment [company] are leased, and the length of so 
much of said lines as it without and is within the state of Ohio, giving the 
name and location of the lines wholly or partially within the state of Ohio. 

12. Such other facts and information as the auditor of state may 
require in the form of returns prescribed by him. 

[Blanks for above statements; exemption from provisions of sec¬ 
tion 2744.] Blanks for making the above statement shall be pre¬ 
pared, and, on application, furnished any company by the auditor of state. 
Freight-line and equipment companies shall not be required to make re¬ 
turns, and shall not be governed by the provisions of section 2744 of the 
Revised Statutes. [92 v. 89.] 

(2780—9) Sec. 3. [State board of appraisers and assessors; how 
constituted and officered; minutes of proceedings.] The auditor of 
state, treasurer of state and attorney general shall constitute a board 
named the state board of appraisers and assessors, of which board the 
auditor of state shall be ex officio president. In the absence or inability 
of the auditor, the board shall appoint one of its members president pro 
tempore. The board shall appoint a secretary and full minutes of its pro¬ 
ceedings shall be kept. 

[Annual meeting, and its purpose; submission of statements, 
etc.] The board shall, annually, on the first Monday in June, meet 
in the office of the auditor of state, for the purpose of determining the 
amount and value of the proportion of the capital stock of freight-line and 
equipment companies representing capital and property of such com¬ 
panies owned and used in Ohio. On the meeting of the board, the audi¬ 
tor of state shall lay before it the statements and schedules returned to 
him under section (2) hereof. 

[Ascertainment of amount and value of proportion of capital 
stock representing capital and property owned and used in Ohio.] 

The board shall proceed to ascertain and determine, on or before the sec- 
4 t. l. 


50 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

ond Monday in July, the amount and value of the proportion of the.' 
capital stock of freight-line and equipment companies, representing capitall 
and property of such companies owned and used in Ohio, and in deter¬ 
mining the same, shall be guided in each case by the proportion of the 
capital stock of the company representing rolling stock, which the miles 
of railroad over which such company runs cars or its cars are run in Ohio 
bear to the entire number of miles in Ohio and elsewhere over which such- 
company runs cars or its cars are run, and such other rules and evidence 
as will enable the board to determine, fairly and equitably, the amount and 
value of the capital stock of such company representing capital and prop¬ 
erty owned and used in the state of Ohio. 

[Adjournment pro tem.; self-information.] The board may ad¬ 
journ from time to time until the business before it is finally disposed of.. 
In case any company fails or refuses to make the statement required by 
law, or furnish the board with any information requested, the board shall 
inform itself as best it may on the matters necessary to be known in order 
to discharge its duty under this act. 

[Right to appear before board and be heard.] At any time after 
the meeting of the board on the first Monday in June, and before the 
amount and value of the capital stock of any company representing cap¬ 
ital and property owned and used in Ohio is determined, any company 
or person interested shall have the right, on written application, to ap¬ 
pear before the board and be heard in the matter of determination. 

[Review and correction of finding.] After fixing the amount and: 
value of the capital stock of any company representing capital and prop¬ 
erty owned and used in Ohio, and before the certification to the auditor 
of state of such amount, as provided in section five (5) hereof, the board 
may, on the application of any person or company interested, or on its own 
motion, review and correct its action in such manner as it may deem just 
and proper. [92 v. 89.] 

(2780—10) Sec. 4. [Penalty for failure to file statement.] In. 

case any company required to file a statement under the provisions of sec¬ 
tion two (2) hereof fails to make and file such statement on or before 
the thirty-first day of May, such company shall be subject to a penalty of 
five hundred dollars and an additional penalty of one hundred dollars 
for each day’s omission after the thirty-first day of May to file such 
statement, 

[Recovery and disposition of penalty.] Said penalty to be re¬ 
covered by action in the name of the state, and on collection paid into the 
state treasury to the credit of the general revenue fund. The attorney 
general, on the request of the auditor of state, shall institute such action 
against any company so delinquent, in the court of common pleas at 
Franklin county, or of any county into or through which any railroad 
line passes, over which the cars of such freight line or equipment com¬ 
pany are running. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


51 


[Service of summons.] Service of summons may be made in 
the manner provided in section five (5) of this act in suits for the col¬ 
lection of the tax against such company. 

[Power to require attendance, submission of documents, giving 
of testimony and to administer oath.] The state board of appraisers 
and assessors shall have power to require the president, secretary, treas¬ 
urer, receiver, superintendent or managing agent, or other officer, or em¬ 
ploye or agent of any freight line or equipment company, to attend 
before the board and bring with him for the inspection of the board, any 
books or papers of such company in his possession, custody or control, and 
to testify under oath touching any matter relating to the organization, 
property and business of such company. Any member of the board is 
authorized and empowered to administer such oath. 

[Penalty for refusal to attend, submit documents or testify.] Any 
officer, employe or agent of such company who shall refuse to attend 
before the board when required to do so, or shall refuse to bring with him 
and submit, for the inspection of the board, any books or papers of such 
company in his possession, custody or control, or shall refuse to answer 
any question put to him by the board or any member thereof, touching the 
organization, business or property of such company, shall be guilty of a 
misdemeanor, and on conviction thereof before any court of competent 
jurisdiction, shall be fined not more than five hundred dollars or impris¬ 
oned not more than thirty days, or both; and any officer, employe or agent 
of such company so refusing as aforesaid, shall be deemed guilty of 
contempt of such board and may be confined by order of such board, 
in the jail of the proper county until he shall comply with the requirements 
of the board and pay the cost of the imprisonment. [92 v. 89.] 

(•278c—11) Sec. 5. [Annual report of board; filing of statements 
and other papers.] The state board of appraisers and assessors shall, 
on the first Monday in August, report to the auditor of state the amounts 
fixed by it as the value of the capital stock representing capital and prop¬ 
erty of freight line and equipment companies employed and used in Ohio; 
at the same time the board shall file with the auditor of state the state¬ 
ments of the various companies and other papers before it. 

[Assessment and collection of excise tax on companies.] It 
shall be the duty of the auditor of state, in the month of November, 
annually, to charge and collect from each freight line and equiment 
company doing business or owning cars which are operated in this state 
a sum, in the nature of an excise tax, to be computed by taking one per 
cent, of the amount fixed by the state board of appraisers and assessors 
as the value of the proportion of the capital stock representing the 
capital and property of such company, owned and used in Ohio, 
and certified to the auditor of state, after deducting the value of the real 
estate of the company in Ohio, assessed and taxed locally, if any there be. 


52 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


[Disposition of taxes.] All taxes collected by the auditor of 
state, under the provisions of this act, shall be paid into the state treasury 
jand be credited to the general revenue fund. 

[Penalty and collection in case of delinquency; duties and fees 
of officers.] If any freight line or equipment company fails or re¬ 
fuses to pay said tax during the month of November, the auditor of state 
shall add to the tax due a penalty of fifty per centum thereon, and shall 
forthwith proceed to collect the tax and penalty by any means provided 
by law for the collection of taxes by county treasurers, and for his 
services shall be allowed five per centum on the amount of penalty col¬ 
lected, which he is authorized to retain out of such amount. It shall be 
the duty of the attorney general or any prosecuting attorney, on request 
of auditor of state, to prosecute any proceeding for the collection of such 
tax, which officer shall be allowed for his services five'per centum on the 
total amount collected, to be retained and paid to him by the auditor of 
state. The balance of the amount collected shall be paid into the state 
treasury. 

[Where suit may be brought.] Suit for the collection of such 
tax and penalty may be brought in the name of the state, in the county 
of Franklin, or in any county into or through which passes any railroad 
line over which the cars of such freight line or equipment company are 
running; 

[Service of summons.] And service of summons against a 
freight line or equipment company may be made upon any officer or agent 
of such company named in section 5044 of the Revised Statutes; or if such 
officer or agent cannot be found, then upon any conductor or officer, 
agent or employe of such company, in charge of any car owned and used 
by such company in any county in this state in which any railroad line 
over which the cars of such freight line or equipment company are run¬ 
ning is located, or through which it passes. [92 v. 89.] 

SLEEPING CAR COMPANIES. 

(2780—12) Sec. 1. [Sleeping-car company defined.] That any 

person or persons, joint stock association or corporation, wherever or¬ 
ganized or incorporated, engaged in the business of operating cars, not 
otherwise listed for taxation in Ohio, for the transportation, accommo¬ 
dation, comfort, convenience, or safety of passengers, on or over any 
railway line or lines, in whole or part within this state, such line or lines 
not being owned, leased or operated by such company, whether such cars 
be termed sleeping, palace, parlor, chair, dining or buffet cars, or by some 
other name, shall be deemed to be a sleeping car company. [91 v. 408.] 

(2780—13) Sec. 2. [Annual statement to auditor of state.] 
Every sleeping-car company defined in section one (1) hereof, doing busi¬ 
ness or owning cars which are operated in this state shall, annually, be- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


53 


tween the first and thirty-first days of May, under the oath of the person 
constituting such company, if a person, or under the oath of the president, 
secretary, treasurer, superintendent or chief officer in this state of such 
association or corporation, if an association or corporation, make and file 
with the auditor of state a statement, in such form as the auditor of state 
may prescribe, containing the following facts: 

1. The name of the company. 

2. The nature of the company, whether a person or persons, or 
association or corporation, and under the laws of what state or country 
organized. 

3. The location of its principal office. 

4. The name and postoffice address of the president, secretary, 
auditor, treasurer and superintendent or general manager. 

5. The name and postoffice address of the chief officer or manag¬ 
ing agent of the company in Ohio. 

6. The number of shares of the capital stock, and the name and 
postoffice address of each stockholder with the number of shares owned 
by each. 

7. The par value and market value, or, if there be no market value, 
the actual value of the shares of stock on the first day of May. 

8. A detailed statement of the real estate owned by the company 
in Ohio, where situate and the value thereof as assessed for taxation. 

9. The total value of the real estate owned by the company and 
situate outside of Ohio. 

10. The whole length of the lines of railway over which the com¬ 
pany runs its cars and the length of so much of said lines as it without 
and is within the state of Ohio. 

Blanks for making the above statement shall be prepared, and, on 
application, furnished any company by the auditor of state. Sleeping- 
car companies shall not be required to make returns, and shall not be 
governed by the provisions of section 2744 of the Revised Statutes. [91 
v. 408.] 

(278c—14) Sec. 3. [State board of appraisers and assessors; con¬ 
stitution, powers, duties, etc] The auditor of state, treasurer of state 
and attorney general shall constitute a board named the state board of ap¬ 
praisers and assessors, of which board the auditor of state shall be ex- 
officio president. In the absence or inability of the auditor, the board 
shall appoint one of its members president pro tempore. The board shall 
appoint a secretary, and full minutes of its proceedings shall be kept. The 
board shall, annually, on the first Monday in June, meet in the office of 
the auditor of state, for the purpose of determining the amount and value 
of [the] proportion of the capital stock of sleeping-car companies repre¬ 
senting capital and property of such companies owned and used in Ohio. 
On the meeting of the board, the auditor of state shall lay before it the 
statements and schedules returned to him under section two (2) hereof. 


54 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


The board shall proceed to ascertain and determine, on or before the 
second Monday in July, the amount and value of the proportion of the 
capital stock of sleeping-car companies, representing capital and prop¬ 
erty of such companies, owned or used in Ohio, and in determining the 
same shall be guided in each case by the proportion of the capital stock 
of the company representing rolling-stock, which the miles of railroad 
over which such company runs cars in Ohio bear to the entire number of 
miles in Ohio and elsewhere over which such company run cars, and such 
other rules and evidence as will enable the board to determine, fairly 
and equitably, the amount and value of the capital stock of such com¬ 
pany representing capital and property owned and used in the state of 
Ohio. The board may adjourn from time to time until the business 
before it is_ finally disposed of. In case any company fails or refuses 
to make the statement required by law, or furnish the board, with any 
information requested, the board shall inform itself as best it may on the 
matters necessary to be known in order to discharge its duty under this 
act. At any time after the meeting of the board on the first Monday in 
June, and before the amount and value of the capital stock of any com¬ 
pany representing capital and property owned or used in Ohio, is deter¬ 
mined, any company or person interested shall have the right, on written 
application, to appear before the board and be heard in the matter of 
such determination. After the fixing’of the amount and value of the 
capital stock of any company representing capital and property owned 
and used in Ohio, and before the certification to the auditor of state of such 
amount, as provided in section five (5) hereof, the board may, on the 
application of any person or company interested, or on its own motion, 
review and correct its action in such manner as it may deem just and 
proper. [91 v . 408.] 

(278c—15) Sec. 4. [Penalty for failure to file statement.] In 

case any company required to file a statement, under the provisions of 
section two (2) hereof, fails to make and file such statement on or before 
the thirty-first day of May, such company shall be subject to a penalty 
of five hundred dollars and an additional penalty of one hundred dollars 
for each day’s omission after the thirty-first day of May to file such statb- 
ment, said penalty to be recovered by action in the name of the state, and 
on collection paid into the state treasury to the credit of the general 
revenue fund. The attorney general, on the request of the auditor of 
state, shall institute such action against any company so delinquent, in the 
court of common pleas of Franklin county, or of any county into or 
through which any railroad line passes, over which such sleeping-car 
company is running its cars. Service of summons may be made in the 
manner provided in section five (5) of this act in suits for the collection 
of the tax against such company. 

[Further powers of state board.] The state board of appraisers 
and assessors shall have power to require the president, secretary, treas- 



TRANSPORTATION LAWS OF THE STATE OF OHIO. 


55 


tirer, receiver, superintendent or managing agent, or other officer, or em¬ 
ploye or agent of any sleeping-car company, to attend before the board 
and bring with him, for the inspection of the board, any books or papers 
of such company in his possession, custody or control, and to testify under 
oath touching any matter relating to the organization, property and busi¬ 
ness of such company. Any member of the board is authorized and em¬ 
powered to administer such oath. 

[Penalties to which officers, employes and agents of company 
liable.] Any officer, employe or agent of such company who shall 
refusing to attend before the board when required to do so, or shall 
refuse to bring with him and submit, for the inspection of the 
board, any books or papers of such company in his possession, custody 
or control, or shall refuse to answer any question put to him by the board 
■or any member thereof, touching the organization, business or property 
of such company, shall be guilty of a misdemeanor, and on conviction 
thereof before any court of competent jurisdiction shall be fined not more 
than five hundred dollars or imprisoned not more than thirty days or 
both; and any officer, employe or agent of such company so refusing, 
-as aforesaid, shall be deemed guilty of contempt of such board and may 
be confined, by order of such board, in the jail of the proper county, 
until he shall comply with the requirements of the board and pay the costs 
of his imprisonment. [91 v. 408.] 

(278c—16) Sec. 5. [Report of state board; filing of statements 
and papers.] The state board of appraisers and assessors shall, on 
the first Monday in August, report to the auditor of state the amounts 
fixed by it as the value of the capital stock representing capital and prop¬ 
erty of sleeping-car companies employed and used in Ohio; at the same 
time, the board shall file with the auditor of state the statements of the 
various companies and other papers before it. 

[Assessment, collection and disposition of excise tax on company; 
fees of officers.] It shall be the duty of the auditor of state, in the 
month of November, annually, to charge and collect from each sleeping- 
car company doing business or owning cars which are operated in this 
state, a sum, in the nature of an excise tax, to be computed by taking one 
per cent, of the amount fixed by the state board of appraisers and as¬ 
sessors as the value of the proportion of the capital stock representing the 
capital and property of such company, owned or used in Ohio, and certi¬ 
fied to the auditor of state, after deducting the value of the real estate 
of the company in Ohio, assessed and taxed locally, if any there be. All 
taxes collected by the auditor of state, under the provisions of this act, 
shall be paid into the state treasury and be credited to the general revenue 
fund. If any sleeping-car company fails or refuses to pay said tax during 
the month of November, the auditor of state shall add to the tax due a 
penalty of fifty per centum thereon, and shall forthwith proceed to 
collect the tax and penalty by any means provided by law for the col- 


56 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

lection of taxes by county treasurers, and for his services shall be allowed, 
five per centum on the amount of penalty collected, which he is authorized 
to retain out of such amount. It shall be the duty of the attorney general 
or any prosecuting attorney, on request of the auditor of state, to prose¬ 
cute any proceeding for the collection of such tax, which officer shall be 
allowed for his services, five per centum on the total amount collected, 
to be retained and paid to him by the auditor of state. The balance of the 
amount collected shall be paid into the state treasury. 

[Suit for collection.] Suit for the collection of such tax and 
penalty may be brought in the name of the state, in the county of Frank¬ 
lin, or in any county into or through which passes any railroad line over 
which such sleeping-car company is running its cars; 

[Service of summons.] And service of summons against a sleep¬ 
ing-car company may be made upon any officer or agent of such com¬ 
pany named in section 5044 of the Revised Statutes, or if such officer or 
agent, cannot be found, then upon any conductor or officer, agent or 
employe of such company, in charge of any car owned and used by such 
sleeping-car company in any county in this state in which any railroad 
line over which such sleeping-car company is running its cars is located,, 
or through which it passes. [91 v. 408.] 

ELECTRIC LIGHT, GAS, NATURAL GAS, ETC. 

Sec. 278c—17. [Excise tax on electric light, gas, natural gas,, 
etc.] That any person or persons, joint stock association or corpo¬ 
ration, wherever organized or incorporated, when engaged in the business 
of supplying electricity, for light, heat or power purposes, to consumers 
within this state, shall be deemed to be an electric light company; when 
engaged in the business of supplying artificial gas for lighting or heating 
purposes to consumers within this state, shall be deemed to be a gas 
company; when engaged in the business of supplying natural gas for 
lighting, heating or power purposes to consumers within this state, shall; 
be deemed to be a natural gas company; when engaged in the business 
of transporting natural gas or oil through pipes or tubing, either wholly 
or partially, within this state, shall be deemed to be a pipe line company; 
when engaged in the business of supplying water, through pipes or tub¬ 
ing, or in a similar manner, to consumers within this state, shall be 
deemed to be a waterworks company; when engaged in the business of 
operating a street, suburban or interurban railroad, either wholly or par¬ 
tially within this state, whether the cars used in such business be propelled 
by animals, steam, cable, electricity, or other motor, shall be deemed to 
be a street, suburban or iaterurban railroad company; when engaged in 
the business of conveying to, from or through this state, or any part 
thereof, money, packages, gold, silver, plate or other articles, by express,, 
not including the ordinary lines of transportation of merchandise and 




TRANSPORTATION LAWS OF THE STATE OF OHIO. 


57 


property in this state, shall be deemed to be an express company; when 
en § a g e d in the business of transmitting to, from, through, or in this state, 
telegraphic messages, shall be deemed to be a telegraph company; when. 
en g a g e d in the business of transmitting to, from, through, or in this state,, 
telephonic messages, shall be deemed to be a telephone company; when 
en g a g e d in the business of supplying messengers, or of signaling or call- 
ing by electrical apparatus, or in similar manner, for any purpose, shall be 
deemed to be a messenger or signal company; when engaged in the busi¬ 
ness of operating a union depot or station for railroad purposes, shall be 
deemed to be a union depot company; when engaged in the business of 
operating a railroad, either wholly or partially within this state, whether 
on rights of way acquired and held exclusively by such company or 
otherwise, shall be deemed to be a railroad company; when engaged as 
a common carrier in the transportation of passengers or property, by 
boat or other water craft, over any waterway, whether natural or arti¬ 
ficial, from one point within this state, to another point within this state, 
shall be deemed to be a water transportation company; when engaged in 
the business of supplying water, steam, or air, through pipes or tubing, to 
consumers within this state, for heating, or for cooling purposes, shall be 
deemed to be a heating, or a cooling company. [92 v. 79, § 1; 95 v. 
136; 97 v. 324.] 

Sec. 2780—18. [Annual statements of such companies.] Every 
electric light, gas, natural gas, pipe line, waterworks, street, suburban or 
interurban railroad, express, telegraph, telephone, messenger or signal, 
union depot, heating, cooling, and water transportation company, de¬ 
fined in section one (1) hereof, doing business in this state shall, an¬ 
nually, between the first and thirty-first days of May, and every such 
railroad company shall, annually, on or before the first day of Septem¬ 
ber, under the oath of the person constituting such company, if a person, 
or under the oath of the president, secretary, treasurer, superintendent 
or chief officer in this state, of such association or corporation, if an 
association or corporation, make and file with the auditor of state a state¬ 
ment, in such form as the auditor of state may prescribe, containing the 
following facts: 

First. The name of the company. 

Second. The nature of the company, whether a person or persons, 
or association or corporation, and under the laws of what state and' 
country organized. 

Third. The location of its principal office. 

Fourth. The name and postoffice address of the president, secre¬ 
tary, auditor, treasurer and superintendent or general manager. 

Fifth. The name and postoffice address of the chief officer or man¬ 
aging agent of the company in Ohio. 

Sixth. In the case of express companies the entire receipts (includ¬ 
ing all sums earned or charged, whether actually received or not) for 


58 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


business done within this state of each agent of such company doing busi¬ 
ness in this state (giving the name of the office) for the year then next 
preceding the first day of May, for and on account of such company, in¬ 
cluding its proportion of gross receipts for business done by such company 
within this state in connection with other -companies; also, the total 
amount of such receipts for business done within this state. 

Seventh. In the case of telegraph and telephone companies, the 
entire gross receipts (including all sums earned or charged, whether actu¬ 
ally received or not) for the year then next preceding the first day of 
May, from whatever source derived, whether messages, telephone tolls, 
rentals or otherwise, for business done within this state of each office 
within this state (giving the name of the office) and the total gross 
receipts of the company for such period in Ohio from business done 
within Ohio. 

Eighth. In the case of each railroad situated wholly within Ohio, 
the gross earnings from its operation, and in the case of each railroad 
located partly within and partly without Ohio, the gross earnings from the 
operation of the entire line, for the year ending the thirtieth day of June 
next preceding, with the miles of line within Ohio, and the miles of line 
without Ohio. 

Ninth. In the case of each street, suburban or interurban railroad 
situated wholly within Ohio, the gross earnings from its operation and 
in the case of each street, suburban or interurban railroad located partly 
within and partly without Ohio, the gross earnings from the operation 
of the entire line, for the year ending the first day of May next preceding, 
with the miles of line within Ohio, and the miles of line without Ohio. 

Tenth. In the case of companies, other than express, street, subur¬ 
ban and interurban railroads, and railroads, the entire gross receipts 
of the company (including all sums earned or charged, whether actually 
received or not) for business done within this state for the year then 
next preceding the first day of May, including the company’s proportion 
of gross receipts for business done by it within this state in connection 
with other companies. 

Eleventh. Such other facts and information as the auditor of state 
may require in the form of return prescribed by him. 

Blanks for making the above statement shall be prepared, and, on 
application, furnished any electric light, gas, natural gas, pipe line, water¬ 
works, street suburban or interurban railroad, express, telegraph, tele¬ 
phone, messenger or signal, union depot, railroad, heating, cooling, and 
water transportation company, by the auditor of state. [92 v. 79, § 2; 
95 v. 137 ; 97 v. 325 -] 

Sec. 278c—19. [State board of appraisers and assessors; how 
constituted and officered; minutes of proceedings.] The auditor of 
state, treasurer of state, attorney general and secretary of state shall 
constitute a board, named the state board of appraisers and assessors, 




TRANSPORTATION LAWS OF THE STATE OF OHIO. 59 

of which board the auditor of state shall be ex officio president. In the 
absence or inability of the auditor, the board shall appoint one of its 
members president pro tempore. 

[Annual meetings; statements and reports to be submitted; 
power to call for information.] The board shall appoint a secretary 
and full minutes of its proceedings shall be kept. The board shall, 
annually, on the first Monday in June, meet in the office of thq auditor 
of state, and thereupon, or when received, the auditor of state shall lay 
before the board the statements and schedules returned to him under 
section 2780—18 of the Revised Statutes of Ohio. The reports made 
by railroad and telegraph companies to the commissioner of railroads 
and telegraphs may be regarded and treated by the board as reports 
made to it, and the board shall have power at any time to call upon such 
commissioner for information. The board may also consider the reports 
filed with the auditor of state by express, telegraph and telephone com¬ 
panies under the provisions of section twenty-seven hundred and seventy- 
eight, Revised Statutes of Ohio. 

[Ascertainment of gross receipts of companies other than rail¬ 
road for preceding year.] The board shall proceed to ascertain and 
determine, on or before the second Monday in July, the entire gross re¬ 
ceipts of electric light, gas, natural gas, pipe line, water works, express, 
telegraph, telephone, messenger or signal, union depot, heating, cooling, 
and water transportation companies for business done within Ohio, for 
the year then next preceding the first day of May, and the amounts ascer¬ 
tained by said board shall, in such instance, be held and deemed to be 
“the gross receipts of such electric light, gas, natural gas, pipe line, water¬ 
works, express, telegraph, telephone, messenger or signal, union depot, 
heating, cooling, and water transportation company, for business done 
within Ohio” for the year under consideration. 

[Ascertainment of gross earnings of steam railroad companies 
for preceding year.] The board shall further proceed to ascertain 
and determine, on or before the first Monday in October, the gross 
earnings from its operation within Ohio of each railroad company whose 
line is wholly or partially within this state, for the year then next pre¬ 
ceding the thirtieth day of June, and the amount ascertained by said 
board shall be held and deemed to be “the gross earnings of such rail¬ 
road company from its operation within Ohio” for the year under con¬ 
sideration. In ascertaining the gross earnings from its operation within 
Ohio of a railroad company whose line lies partly within and partly 
’without this state, the gross earnings from its operation of the entire 
line or system, shall be divided'by the total number of miles operated 
to obtain the average gross earnings per mile, and the gross earnings 
from the operation within this state shall be taken to be the average 
gross earnings per mile multiplied by the number of miles operated 
within this state. The board shall further proceed to ascertain and de- 


60 TRANSPORTATION LAWS CF THE STATE OF OHIO. 

termine, on or before the second Monday in July, the gross earnings 
from its operation within Ohio of each street, suburban or interurban 
railroad company whose line is wholly or partially within this state, for 
the year then next preceding the first day of May, and the amount so 
ascertained by said board shall be held and deemed to be the gross 
earnings of such street, suburban or interurban railroad company from 
its operation within Ohio” for the year under consideration. In ascer¬ 
taining the gross earnings from its operation within Ohio of a street, 
suburban or interurban railroad company whose line lies partly within 
and partly without this state, the gross earnings from its operation of 
the entire line or system, shall be divided by the total number of miles 
operated to obtain the average gross earnings per mile, and the gross 
earnings from the operation within this state shall be taken to be the 
average gross earnings per mile, multiplied by the number of miles 
operated within this state. 

[Adjournment pro tempore.] The board may adjourn from time 
to time, until the business before it is finally disposed of. 

[Self-information.] In case of failure or refusal of any company 
to make the statement required by law, or furnish the board any in¬ 
formation requested by it, the board shall inform itself as best it may, 
on the matters necessary to be known, in order to discharge its duties 
under this act. 

[Right to appear before board and be heard.] And at any time, 
after the meeting of the board on the first Monday in June, and before 
the gross receipts of any company other than street, suburban or inter¬ 
urban railroad, or railroad, for business done within Ohio, or the gross 
earnings from its operation within Ohio of any street suburban or inter¬ 
urban railroad company or railroad company are determined, any com¬ 
pany or persons interested shall have the right, on written application, 
to appear before the board and be heard in the matter of such de¬ 
termination. 

[Review and correction of findings.] After the determination of 
the amount of the gross receipts of any company, other than street, subur¬ 
ban or interurban railroad or railroad, for the business done within Ohio, 
or of the gross earnings from its operation within Ohio, of any street, 
suburban or interurban railroad or railroad company and before the certi¬ 
fication of the auditor of state of such amount, as provided in section 
2780—21 of the Revised Statutes of Ohio, the board may, on the ap¬ 
plication of any person or company interested, or on its own motion, re¬ 
view and correct its findings in such manner as may seem to it to be just 
and proper. [92 v. 79, § 3; 95 v.^38; 97 v. 326.] 

Sec. 278c—20. [Penalty for failure to file statement; recovery 
and disposition of penalty.] In case any company required to file a 
statement under the provisions of section 2780—18 of the Revised Stat- 




TRANSPORTATION LAWS OF THE STATE OF OHIO. 


61 


utes of Ohio fails to make and file such statement on or before the thirty- 
first day of May, such company shall be subject to a penalty of five hun¬ 
dred dollars and an additional penalty of one hundred dollars for each 
day’s omission after the thirty-first day of May to file such statement, 
said penalty to be recovered by action in the name of the state, and, on 
collection, paid into the state treasury to the credit of the general revenue 
fund. 

[Fees of attorney general.] The attorney general, on the re¬ 
quest of the auditor of state, shall institute such action against any com¬ 
pany so delinquent in the court of common pleas of Franklin county, or 
in any county in which such company does business and shall be allowed 
for his services five per centum on the amount collected, to be retained by 
him and the balance paid into the state treasury. 

[Powers to require attendance, submission of documents, giving 
of testimony and to administer oath.] The state board of appraisers 
and assessors shall have power to require the president, secretary, treas¬ 
urer, receiver, superintendent or managing agent, or other officer, or 
employe or agent, of any electric light, gas, natural gas, pipe line, water¬ 
works, street, suburban or interurban railroad, express, telegraph, tele¬ 
phone, messenger or signal, union depot, railroad, heating, cooling, and 
water transportation company to attend before the board, and bring with 
him for the inspection of the board, any books or papers of such company 
in his possession or control, and to testify under oath touching any mat¬ 
ter relating to the organization or business of such company. Any mem¬ 
ber of the board is authorized and empowered to administer such oath. 

[Penalty for refusal to attend; submit documents or testify.] 
Any officer, employe, or agent of such company, who shall refuse to 
attend before the board when requested to do so, or shall refuse to bring 
with him and submit for the inspection of the board any books or papers 
of such company in his possession, custody or control, or shall refuse to 
answer any question put to him by the board or any member thereof, 
touching the organization or business of such company, shall be deemed 
guilty of a misdemeanor, and on conviction shall be fined not more than 
five hundred dollars or imprisoned not more than thirty days, or both, 
and any officer, employe or agent of such company so refusing, as afore¬ 
said, shall be guilty of contempt of such board, and may be confined, by 
order of such board, in the jail of the proper county until he shall have 
complied with the requirement of the board and paid the cost of his im¬ 
prisonment. [92 v. 79, § 4; 95 v. 140; 97 v. 328.] 

Sec. 2780—21. [Annual reports of board; filing of statements 
and other papers.] The board of appraisers and assessors shall, on 
the first Monday in August, report to the auditor of state the amount 
of the gross receipts of electric light, gas, natural gas, pipe line, water¬ 
works, express, telegraph, telephone, messenger or signal and union depot 


62 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


heating, cooling and water transportation companies for business 
done within the state of Ohio, and the amount of the gross 
earnings from its operation within Ohio of each street, suburban or 
interurban railroad company, for the year then next preceding the 
first day of May, and on the first Monday of October, the board shall 
report to the auditor of state the amount of the gross earnings from its 
operation within Ohio of each railroad company for the year then next 
preceding the thirtieth day of June. At the same time the board shall 
file with the auditor of state the statements of the various companies 
and other papers before it. 

[Assessment and collection of excise tax on companies.] It shall 
be the duty of the auditor of state, in the month of November, annually, 
to charge and collect from each electric light, gas, natural gas, pipe line, 
waterworks, express, telegraph, telephone, messenger or signal, union 
depot, heating, cooling, and water transportation company doing business 
in this state, a sum, in the nature of an excise tax to be computed by tak¬ 
ing one per centum of the amount fixed by the state board of appraisers 
and assessors as the gross receipts of such company for. business done 
within the state of Ohio, for the year then next preceding the first day of 
May, and certified to the auditor of state; and from each street, suburban 
or interurban railroad company doing business in this state, a sum in the 
nature of an excise tax to be computed by taking one per cent, of the 
amount fixed by the state board of appraisers and assessors as the gross 
earnings from its operation within Ohio of such company for the year 
then next preceding the first day of May and certified to the auditor of 
state; and from each railroad company doing business in this state a 
sum in the nature of an excise tax, to be computed by taking one per 
cent, of the amount fixed by the state board of appraisers and assessors 
as the gross earnings from its operation within Ohio of such company 
for the year then next preceding the thirtieth day of June, and certified 
to the auditor of state. 

[Non-exemption of tangible property.] Provided, nothing con¬ 
tained in this act shall exempt or relieve electric light, gas, natural gas, 
pipe line, waterworks, street, suburban or interurban railroad, express, 
telegraph, telephone, messenger or signal, union depot, railroad, heating, 
cooling or water transportation companies from the assessment and 
taxation of their tangible property in the manner authorized and pro¬ 
vided by law. 

[Disposition of taxes.] All taxes collected by the auditor of 
state, under the provisions of this act, shall be paid into the state treasury, 
and be credited to the general revenue fund. 

[Penalty and collection in case of delinquency, duties and fees 
of officers.] If any electric light, gas, natural gas, pipe line, water¬ 
works, street, suburban or interurban railroad, express, telegraph, tele- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


63 


phone, messenger or signal, union depot, railroad, heating, cooling, or 
water transportation company fails or refuses to pay said tax during the 
month of November, the auditor of state shall add to the tax due a 
penalty of fifty per cent, thereon, and shall forthwith proceed to collect 
tax and penalty with interest at the rate of six per cent, per annum by 
any means provided by law for the collection of taxes by county treas¬ 
urers, and for his services shall be allowed five per cent, on the total 
amount collected, which he is authorized to retain. It shall be the duty 
of the attorney general, or any prosecuting attorney, on request of the 
auditor of state, to prosecute any proceedings for the collection of such 
tax, which officer shall be allowed for his services five per cent, on the 
total amount collected, to be retained and paid to him by the auditor of 
state. The balance of the amount collected shall be paid into the state 
treasury. 

[Where suit may be brought.] Suits for collection of such tax 
may be brought in the name of the state in Franklin county, or in any 
county in which such electric light, gas, natural gas, pipe line, water¬ 
works, street, suburban or interurban railroad, express, telegraph, tele¬ 
phone, messenger or signal, union depot, railroad, heating, cooling, or 
water transportation company is doing business, or the line of such street, 
suburban or interurban railroad or railroad company is located. 

[Non-interdependence of validity of section of clause.] In case 
the tax herein authorized to be charged and collected against any class of 
companies defined in the first section of this act, engaged in any class of 
business mentioned therein, shall, for any reason, be declared invalid, 
such invalidity shall in no wise affect the validity of the law as applicable 
to any other class or classes of companies defined in said section, nor shall 
the abrogation or repeal of any section or clause of this act be held to abro¬ 
gate or repeal any other section or clause thereof. [92 v. 79, § 5; 95 v. 
141; 97 v. 329.] 

Sec. 2780—22. [Exemptions of municipalities.] This act shall 
not be construed so as to require any municipal corporation within the 
state to make any return or pay any taxes under any provisions of this 
act. [95 v. 143; 92 v. 79, § 6; 95 v. 143; 97 v. 331.] 

Sec. 2780—23. [Auditor of state to file with secretary of state 
reports as to companies.] During the month of October of each 
year, the auditor of state shall file with the secretary of state a written 
statement containing the name of each company which has complied with 
the provisions of this act during the year next preceding, and such facts 
respecting it within his knowledge, which are required by law to be an¬ 
nually filed with the secretary of state by corporations other than those 
included within the pipvisions of this act. [95 v. 143^ 97 v. 331.] 

Sec. 2781 a. [Action of auditor upon omission of tax return.] 
If any person whose duty it is to list property, or to make a return thereof 


64 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


for taxation to the assessor or county auditor, or to any board, officer, or 
person other than a board composed of officers of more than one county 
shall in any year or years fail to make a return or statement, or if such 
person shall make a return or statement of only a portion of his taxable 
property, and fail to make a return as to the remainder thereof, or if he 
shall fail to return his taxable property or any part thereof, according to 
the true value thereof in money, as provided by law, the county auditor 
shall, for each year, as to such property omitted and as to property not re¬ 
turned or taxed according to its true value in money, ascertained as near as 
practicable, the true amount of personal property, moneys, credits, and 
investments that such person ought to have returned or listed, and the 
true value at which the same should have been taxed in his county for 
mot exceeding the five years next preceding the year in which the inquiries 
and corrections provided for in this section and in sections 2781 and 2782 
•of the Revised Statutes, are made, and multiply the omitted sum or sums 
by the rate of taxation belonging to said year or years, and accordingly 
enter the same on the tax lists in his office, giving a certificate therefor to 
the county treasurer, who shall collect the same as other taxes. The term 
“personal property,” as used in this section, shall be held to apply to all 
kinds of omitted property for the taxation of which, for any of the years 
in which it was omitted, provision has not been made by law. 

[Exception.] The power and duty of the auditor under the pro¬ 
visions hereof shall be held to extend to all cases where property, taxable 
within his county, has for any reason not been assessed and taxed accord¬ 
ing to its true value in money as provided by law, except that where pro¬ 
vision is made by law for the appraisement and assessment of property 
by a board composed of officers of more than one county, and such 
property or any part thereof as has escaped taxation, the duties herein 
provided for shall be performed by such board, which shall have juris¬ 
diction at any subsequent meeting to appraise and assess such omitted 
property for the year or years so omitted, and certify its assessment to 
the proper officer or officers to be placed upon the tax list of the proper 
•county or counties for the collection of omitted taxes thereon in the same 
manner as current assessments are certified by said board, and such officer 
or officers shall give a certificate therefor to the county treasurer, as in 
other cases. 

[Applicability of certain sections of the statutes.] The provisions 
of sections twenty-seven hundred and eighty-two and twenty-seven hun¬ 
dred and eighty-three of the Revised Statutes, as to notice and procedure 
shall, in so far as the same may be applicable, apply to the proceedings 
under this section, and nothing herein contained shall be construed to 
repeal any statute now in force as to the taxation of omitted property. 

[Act applies to property heretofore omitted.] And this act shall 
apply as well to property heretofore omitted or not taxed according to 
its true value in money as provided by law, as to property that may here- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


65 


after be omitted or not so taxed. The provisions of section 1071 of the 
Revised Statutes shall not apply to cases arising under this supplemental 
section 2781a. [94 v. 62.] 

STATE BOARD OF EQUALIZATION. 

Sec. 2811. [How constituted.] The auditor of state, treasurer 
of state, commissioner of railroads and telegraphs and the attorney 
general, shall also constitute a board of equalization of the values of the 
property of railroad companies as the same are fixed by the county audi¬ 
tors; 

[Meeting and duty.] And for this purpose they shall meet at 
the office of the auditor of state, on the Wednesday after the tenth day 
of June, annually, and examine the returns and documents sent to the 
auditor of state by the boards of county auditors in this behalf. [92 v. 
72; 64 v. 58 § 1, S. & S. 768.] 

Sec. 2812. [Their powers.] The said boards shall hear com¬ 
plaints and equalize said values by adding to the valuation of the prop¬ 
erty of such companies as have been undervalued and deducting from 
the valuation of the property of such as have been overvalued; provided, 
that the board, in such equalization, shall not reduce the aggregate of 
the value of the property of railroad companies within the state below 
the amount returned by the board of county auditors. [64 v. 58, § 1; S. 
& S. 768.] 

Sec. 2831. [Levy to pay bonds of county, city or township 
given for railroad subscription.] The competent authorities of any 
county, city, or township, that shall have subscribed to the capital stock 
of any railroad company, and shall have issued its bonds or other se¬ 
curities for the payment of such subscription, may, at any time within 
five years next before the principal of such bonds, or other securities shall 
be payable, if the market price of the stock of such railroad company be 
less than seventy-five per cent, on its par value, levy or cause to be levied, 
annually, on the taxable property of such county, city, or township, such 
tax not exceeding one mill on the dollar, as will be sufficient to balance the 
discount on the railroad stock held by such county, city, or township, by 
the time such bonds may become due; and the proceeds of all such taxes 
shall form with such stock, a sinking fund, and shall be invested in the 
purchase of the bonds issued by such county, city or township, or in other 
safe and productive securities, and shall be applied to the payment of the 
bonds so issued, and to no other use or purpose whatever. [56 v. 175, 
§80; S. & C. 1466.] 

Sec. 2843. [Unlawful to act as agent of, or perform services for 
certain companies when taxes due and unpaid for twenty days; pen¬ 
alties.] If the taxes assessed against any express company, tele- 


5 t. l. 


66 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


graph company, telephone company or insurance company, in any county 
in this state, shall remain due and unpaid to the treasurer of such county, 
for the period of twenty days after the time provided by law for the pay¬ 
ment thereof, it shall be unlawful for any person or persons, or corpor¬ 
ations, to act as agents or do or transact any business for such company 
so in default to such county, until said tax, and interest and penalty is 
fully paid; any person or agent, manager or clerk of any corporation, 
who shall, after such default, directly or indirectly act as agent of, or 
do or transact any business whatever on account of or for the benefit of 
such company so in default, other than the payment of said tax, shall be 
held to be guilty of a misdemeanor, and on conviction thereof shall be 
fined in any sum not less than one hundred nor more than five hundred 
dollars, or punished by imprisonment in the county jail, and fed on bread 
and water only, not exceeding thirty days, or both, at the discretion of the 
court; after such default, made as aforesaid, any railroad company which 
shall, directly or indirectly, convey or carry for said defaulting express, 
telegraph, telephone company or insurance company, any package of 
money, merchandise or other articles, or transmit any telegraphic mes¬ 
sage, after having notice of such default, shall, for every such ofTense, for¬ 
feit and pay a sum equal to the amount of such tax due and unpaid, with 
the interest and penalty thereon, to be recovered by an action in the name 
of the state, in the county where such tax is assessed, with costs of suit. 
[1885, March 20: 82 v. 92; R. S. 1880; 59 v. 91, § 7; (S. & S. 770).] 

49 O. S. 608. 

railroad sub-contractors. 

Sec. 3207. [What contracts for railroad work shall stipulate.] 

Any person, association of persons, or corporation contracting for the 
construction of a railroad, depot building, water-tanks, or any part 
thereof, shall be liable to and shall pay to each person performing labor 
or furnishing materials stipulated for in the contract with the owner of 
the road, under a contract express or implied with the original contractor, 
or with any sub-contractor, for the whole or any part of the work stipu¬ 
lated in the original contract with the owner of the railroad; and the rail¬ 
road company shall provide, in its contract with any person, association 
of persons, or corporation for the construction of its road, or any part 
thereof, that payments under its said contract shall be made in the follow¬ 
ing order of priority. 

[Claims; order of priority.] First, to the persons performing 
labor or furnishing materials, or furnishing boarding on the order of any 
contractor or sub-contractor to persons employed by them, or either of 
them, in furnishing materials or labor for or in the construction of such 
railroad, without preference. Second, to any sub-contractor, any balance 
due under his contract after payment of his or their liabilities to persons 
performing labor or furnishing materials or boarding, under his or their 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


67 


contract. Third, to any contractor, or construction company intervening 
between a sub-contractor and the railroad company, in the order of such 
intervention from such sub-contractor upward to the owner of the railroad, 
any balance due after payment by the company, of amounts found due in 
the order of priority above stipulated. [1883, April 6; 80 v. 99; R. S. 
1880; 71 v. 51, § 1.] 

Sec. 3208. [What lien shall have precedence.] A person who 
performs labor or furnishes materials for or in construction of any rail¬ 
road, depot buildings, water-tanks, or any part thereof, and a person who 
furnishes boarding on the order of any contractor or sub-contractor, to 
persons employed by them or either of them, in furnishing materials, or 
performing labor for or in construction of such railroad, depot buildings, 
water-tanks, or any part thereof in addition to his rights under the pre¬ 
ceding section, shall have a lien for the payment of the same upon such 
railroad, and such lien shall have and maintain precedence over any lien 
taken, or to be taken, and shall subsist for one year from the date of filing 
the attested account hereafter provided for; and if an action is brought 
to enforce the lien within that time, it shall continue in force until finally 
adjudicated. 

[How such lien perfected.] In order to perfect such lien, a per¬ 
son performing labor, or furnishing materials, or boarding, as herein 
specified, shall, within forty days from the date that such person ceased 
performing labor, or furnishing materials, or boarding, on or for the rail¬ 
road, file with the recorder of the county where the labor was performed, 
or materials, or boarding furnished, an affidavit containing an itemized 
statement of the kind and amount of materials furnished, or labor per¬ 
formed, the time when, the contractor or sub-contractor for whom, and 
the section and place where, on the line of the road the labor was per¬ 
formed or materials furnished, and the amount due therefor, after credit¬ 
ing all payments and set-offs; and, in case of boarding furnished, sucfi 
affidavit shall have attached thereto an itemized account of such board, 
showing the name of the contractor or sub-contractor on whose order it 
was furnished, the several persons to whom the same was furnished, the 
weekly rate of boarding, and the several amounts unpaid by each re¬ 
spectively. 

[Proceedings under.] On filing the affidavit here provided for 
it shall be recorded in a separate book to be provided therefor, and shall 
then operate as a lien on said railroad, in the manner and subject only to 
the limitations here provided. The claimant shall, within ten days after 
filing his affidavit with the recorder, serve a notice in writing upon the 
secretary, or other officer or authorized representative of the railroad com¬ 
pany, by delivering or leaving a copy thereof at his usual place of resi¬ 
dence, or place of doing business, which notice shall contain a statement of 
the facts of his filing such affidavit, the county wherein filed, the amount 
of his claim, and whether for labor, materials or boarding furnished, and 


68 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


the contractor or sub-contractor for whom rendered. Provided, that when 
the notice in writing required to be served upon the secretary, or other 
officer or authorized representative of the railroad company, cannot be 
served in the county where said affidavit is filed, such notice shall be 
served by the recorder upon the representative of the railroad aforesaid 
by depositing in the postoffice a letter containing such notice directed to 
his place of residence, or place of doing business, if known to such re¬ 
corder. Any person failing to file his affidavit aforesaid, and serving the 
notice aforesaid, within the time herein prescribed, shall be deemed and 
held to have waived all claim under this section, against the railroad com¬ 
pany. [1883, April 6: 80 v. 99; R. S. 1880; 71 v. 51, § 1.] 

Sec. 3209. [How action may be brought.] Any person obtain¬ 
ing and holding a lien provided for in the foregoing section, may, in ad¬ 
dition to his remedies, under section thirty-two hundred and seven, proceed 
by petition as in other cases of lien, against the owner of and all other 
persons interested, as lien-holders or otherwise, in any such railroad, and 
obtain such judgment as justice and equity may require; and for the 
purposes of such suit, any number of lien-holders provided in the pre¬ 
ceding section may join as parties plaintiffs, by separately stating and 
numbering their respective claims; provided, that if several liens be ob¬ 
tained by several persons on the same railroad under the provisions of 
section thirty-two hundred and eight, they shall have no priority among 
themselves, but payment thereon shall be made pro rata. [1883, April 6: 
8° v. 99, 100; R. S. 1880; 71 v. 51, § 1.] 

Sec. 3210. [Contractor to be notified of time of payment; dis¬ 
puted claims and how adjusted.] Each contractor or sub-contractor 
shall have at least five days’ notice, in writing, of the time when the lien 
for labor, boarding or materials furnished under a contract with him will 
be paid, which may be served upon him personally, or upon his authorized 
agent or foreman, by the owner of the railroad, or any officer or agent 
thereof, stating therein the time when such liens will be paid; and, on 
request of such contractor or sub-contractor he shall be permitted to ex¬ 
amine such lien claims before they are paid, at any time after the notice 
has been given; provided, that if such notice cannot be served in the 
county where the lien is filed, the same may be given by publication in 
some newspaper of general circulation in such county for the period of 
two weeks, if he dispute any of the claims, the company or owner of the 
road shall withhold payment of the disputed claims until they are adjusted; 
and if the matter cannot be adjusted between the parties interested, it may 
be submitted to the arbitration of three disinterested persons, one to be 
chosen by each of the parties, and one by the two thus chosen; and their 
decision, or that of any two of them, shall, in the absence of fraud or col¬ 
lusion, be final and conclusive on the parties. If any claim be disputed 
and is not settled or submitted to arbitration, the claimant shall, in such 
case, be required to commence an action on his claim before the proper 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 69 

tribunal, within forty days after notice that his claim has been disputed, 
and prosecute the same to final judgment without delay. And the amount 
of any disputed claim thus ascertained or adjudicated shall then be paid by 
the railroad owner. Provided that, after notice given as above provided, 
if no objection is filed against such claim within ten days after the expi¬ 
ration of the term of service of notice as above specified, then the con¬ 
tractor or sub-contractor shall be held to have waived all objection to such 
claim, and the same shall be taken to be correct as against such contractor 
or sub-contractor. [1883, April 6: 80 v. 99, 101; R. S. 1880; 71 v. 51 
§2.] 

Sec. 3211. [To whom preceding sections apply.] The provis¬ 
ions of the four preceding sections shall apply to and include any person 
who furnishes grain, hay, merchandise, tools or implements, or who re¬ 
pairs any tools or implements, on the order of any contractor or sub-con¬ 
tractor, for their own use, or the use of persons employed by them or 
either of them, while furnishing materials or labor for or in construction 
of such railroad; provided, that the amount of such claim shall not exceed 
the wages of the person performing labor or furnishing materials, to 
whom furnished, or the amount found due such contractor, or sub-con¬ 
tractor, under the provisions of section thirty-two hundred and seven; and 
in every such case, the requirements of section thirty-two hundred and 
eight, as to filing affidavits and giving notices, shall be strictly complied 
with; and, provided further, that the aggregate of all liens taken and per¬ 
fected under sections thirty-two hundred and seven, thirty-two hundred 
and eight, thirty-two hundred and ten and thirty-two hundred and eleven, 
shall not be in excess of the actual construction contract price of the rail¬ 
road company 

[The word “owner” defined.] The word “owner,” in these sec¬ 
tions shall be held and considered as including any lessee, receiver, cor¬ 
poration, company, or persons owning, operating or managing any rail¬ 
road with whom or in whose behalf the contracts herein have been made. 
[1883, April 6: 80 v. 99, 101; R. S. 1880; 71 v. 51 § 3.] 

CARRIERS. 

Sec. 3221. [Notice to owner of receipt of freight.] All express 
companies, transportation companies, forwarding and commission mer¬ 
chants, common carriers, warehousemen, wharfingers and railroad comm- 
panies, doing business in this state, shall within thirty days after the 
receipt of any property in their warehouse, depot, station, store or other 
place of deposit or doing business, when such property is plainly marked 
with the owner’s name and place of residence, or be otherwise known, 
notify the owner that such property is held by them subject to charges, 
either by leaving such notice at the usual residence or place of business 
of the owner, or by depositing the same, postage prepaid, in the proper 


70 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


postoffice, duly addressed to such owner. [72 v. 17 , § i; (S. & S. 93; 
S. &C. 257.)] 

Sec. 3222. [Register of freight.] All such persons, associations 
or companies shall keep a register, in which shall be entered a list or in¬ 
ventory of all goods, wares, merchandise, baggage or other property, with 
a pertinent description thereof by marks thereon, the size and weight and 
the depot, warehouse or other place where the same is deposited, the time 
when the same was received and the amount of charges claimed thereon, 
which may be left in the possession of such person, association or company, 
by reason of the owner being unknown, or when such owner’s residence 
is not known, or when such property has been refused, or the owner has 
neglected to receive the same. [72 v. 18, § 2; (S. & S. 93).] 

Sec. 3223. [When property may be sold.] When any such 
property has been conveyed to any point in this state, and remains un¬ 
claimed for the space of six months at the place to which it is con¬ 
signed, and the owner fails within that time to claim the same and to pay 
the proper charges, if there be any against it, such pers.on, association or 
company may sell such freight or other property at public auction, offering 
each parcel separately. [74 v. 17, § 3; (S. & S. 93; S. & C. 257).] 

Sec. 3224. [Notice of sale of property to be given.] Such prop¬ 
erty may be offered for sale either in the place where the office, station, 
depot or warehouse in which the same has been deposited for safe keep¬ 
ing, is located, or at any other place where such person, association or 
company may deem best to insure a prompt sale thereof; at least thirty 
days’ notice of the time and place of sale, containing a descriptive list of the 
several articles to be sold, with names, numbers and marks thereon, shall 
be given, by posting such notice at the office, station or depot of such per¬ 
son, association or company in the county where the place to which such 
property was consigned is situated, or, if there be no such office, station or 
depot, by posting such notice in three public places in such county; and in 
addition to the posting at the place of consignment, such descriptive list 
must be posted at the place where the property is to be sold, and thirty 
days’ notice of the time and place of the sale must be published in a news¬ 
paper of a general circulation in the county where the property is to be 
sold. [74 v. 18, § 4; (S. & S. 94.)] 

Sec. 3225. [Disposition of proceeds of sale.] Such person, as¬ 
sociation or company, from the proceeds of the sale of such property, shall 
pay all the necessary costs and expenses of the sale, and all proper charges 
for freight and storage of the property sold, apportioning such expenses 
and charges, as near as may be, among the articles sold, to the amount re¬ 
ceived for each, and hold the overplus, if any, subject to the order of the 
owner thereof, at any time within one year after such sale, upon proof 
of ownership by affidavit of the claimant or his attorney; and after the 
expiration of one year, all such sums unclaimed shall be paid into the state 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


71 


treasury, to be placed to the credit of the common schools; but any such 
article remaining unsold may be again offered, as above provided, until 
sold. [74 v. 18, § 4; (S. & S. 94; S. & C. 258.)] 

Sec. 3226. [Suit to subject freight to payment of costs, etc.] 

Such person, association or company may bring suit before any court of 
competent jurisdiction for the amount 'of the freight, storage and legal 
charges thereon, and subject such freight to the payment thereof, after 
ten days from the giving of the notice provided for in section thirty-two 
hundred and twenty-one, unless such cost and charges are paid, if the 
owner or consignee is known or can be found in the county, but if such 
owner or consignee is unknown, a non-resident of the county or his place 
of residence is unknown then such notice shall be published for not less 
than ten days in a newspaper of general circulation in such county, and in 
such case the suit may be brought after ten days from the first publication; 
and the judgment obtained shall be a lien upon the freight, to satisfy 
which, with costs of suit, the same shall be sold. [74 v. 17, § 3.] 

Sec. 3227. [Storage and the lien therefor.] Such person, asso¬ 
ciation or company, after the expiration of ten days from the receipt of 
goods at the place to which they are consigned, may, upon giving or depo¬ 
siting the notice provided in section thirty-two hundred- and twenty-one, 
and the expiration of ten days, charge a fair and reasonable cost for 
storage, which shall be a lien upon the goods so stored, and such person, 
association or company may, after the expiration of said ten days, deliver 
such goods to any warehouseman or storage merchant at the point of desti¬ 
nation of such goods or merchandise, or in case there be no responsible 
warehouseman or storage merchant at such point willing to receive the 
goods, then at the most convenient point where storage can be effected, 
and receive from such warehouseman the freightt and charges due such 
railroad or other company upon the same, notifying the owner or consignee 
of such storage, when known, in the manner provided in section thirty- 
two hundred and twenty-one, and the advances made, and all reasonable 
charges for storage shall be a lien upon the goods so stored. [74 v. 
17, § 3-] 

Cited: R. R. v. Hatch, 52 O. S. 408, 418. 

Sec. 3228. [Copy of notice, sale bill, etc., to be kept.] Such 
person, association or company shall keep a copy of the notice, a copy 
of the sale bill, and the expenses thereof, proportional to each article 
sold, and also the oath of the claimant of the residue of the proceeds 
as aforesaid, and shall furnish an inspection of the same, and, i{ required, 
copies thereof, to any one, on payment of the proper charges thereof. 
[72 V. 19, § 5; (S. & S. 94.)] 

Sec. 3229. [Sale of perishable articles.] If any perishable prop¬ 
erty be so conveyed as freight, and remain unclaimed until in danger of 
great depreciation, or the same be refused, or the owner thereof cannot be 


72 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

found, then such person, association or company may sell the same at pri¬ 
vate sale or auction, without giving notice, for the best price it will bring, 
and apply the proceeds as aforesaid. [72 v. 19, § 6; (S. '& S. 94 -)] 

27 o. S. 435 . 

Sec. 3230. [Within what time property may be claimed.] If 

the owner of any such property, at any time within five years, reclaim 
the same and produce satisfactory evidence to the auditor of state of his 
ownership thereof, the auditor shall draw his warrant in favor of such 
person upon the treasurer of state for the amount paid into the state 
treasury. [27 v. 20, § 9; (S. & S. 94; S. & C. 258.)] 

Sec. 3231. [Penalty for neglect to comply with provisions.] 
Any such person, association or company who refuses or neglects to per¬ 
form any of the duties required by this chapter, with the intent to avoid 
the provisions thereof, shall forfeit and pay a sum not less than one hun¬ 
dred dollars, nor more than five hundred dollars, at the discretion of 
the court, to be recovered for the use of common schools in the county 
in which the principal office of such person, association or company is 
located, and shall, moreover, be liable to any person injured thereby in 
double the value of the property. [72 v. 20, § 7; (S. & S. 95.)] 

(3231—1) Sec. 1. [Lien upon railroad, etc., for labor performed 
or material furnished.] Any person who shall have performed com¬ 
mon or mechanical labor upon, or furnished supplies to any railroad, 
street railroad, or railroad operated wholly or in part by electric motor 
power, turnpike, plank road, canal or on any public structure being erec¬ 
ted, or on any abutment, pier, culvert or foundation for same, or for any 
side track, embankment, excavation, or any public work, protection, bal¬ 
lasting, delivering or placing ties, or track-laying, whether the labor is 
performed for, or the supplies or material is furnished to any company, 
corporation, contractor or sub-contractor, construction company or any in¬ 
dividual, shall have a first, immediate and absolute lien on the whole of 
the property on which said work is done, and to which said supplies 
have been contributed, and on any fund arising from the sale thereof 
or any part thereof under an order of any court, and shall hold the rail¬ 
road, street railroad or railroad operated wholly or in part by electric 
motor power, canal, turnpike, plank road or structure, to the creation or 
construction of which the said labor or supplies has been contributed, or 
so much thereof as may have been in whole or in part created by said 
labor or supplies, to the exclusion of any such railroads, canal, turnpike, 
plank road, public work or structure, as to operation, occupation or use, 
until the claim for such labor or supplies is properly adjusted and paid 
in full. This act shall apply to all work now being constructed, or ma¬ 
terial now being furnished, and to all work hereafter constructed and 
material hereafter furnished. [95 v. 609; 86 v. 120.] 

(3231—2) Sec. 2. [How lien attained.] When it shall be 
deemed necessary for any construction company, contractor, sub-con- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


73 


tractor, mechanic, laborer, or person contributing supplies or material 
to secure their claim against any railroad, canal, turnpike, plank road,, 
public work or public structure, either for work done or material fur¬ 
nished, they shall file a sworn itemized statement, within thirty days after 
said work was performed or materials furnished, of the amount of work 
done or material furnished, showing the balance due and claimed for 
labor or material furnished, with the recorder of the county or counties 
within which said work was done or materials furnished. And if several 
liens be obtained by several persons on the same job, in the manner pre¬ 
scribed by this act, they shall have no priority among themselves, but 
payments thereon shall be made pro rata. [1889, March 20: 86 v. 120.] 
(323 1 —3) Sec. 3. [Bond, when injunction may issue.] Any 
construction company, contractor, mechanic, laborer or person contri¬ 
buting supplies or material to any work named in section (1) of this- 
act shall at the time of filing the sworn statement of account as provided 
in section two (2) of this act, file a good and sufficient bond of indem¬ 
nity for an amount equal to the amount claimed, which bond shall be 
approved by the probate judge, and shall be so conditioned as to save 
and protect the defendant in any case arising under this act, and shall 
then be entitled to a decree of the common pleas court, enjoining and 
prohibiting the operation, use or occupancy of the property created in 
whole or in part by the party or parties asking for said injunction; and 
the said injunction shall not be dissolved until the court is satisfied that 
the claim has been adjusted and paid in full. [1889,March 20; 86 v. 120.] 
(3231—4) Sec. 4. [Engineer to make measurements, estimates,, 
etc.] Any civil engineer who shall be employed as chief or assistant 
engineer in the surveying, platting or cross-sectioning of any railroad, 
canal, turnpike, plank road or other public road, shall, before the work 
is commenced, make an accurate measurement of the same, and shall 
prepare a profile of each section of one mile or less of said work, showing 
quantities of each and every class of work to be done on said mile or less;, 
and shall also designate the nearest bench-mark or point from which 
measurements are made, and shall drive stakes at top of slope, at foot 
of embankments, at sides and center of grade and around every burrow 
pit for each one hundred feet, showing in plain figures by feet and tenths 
of a foot the depth of cut or height of fill or embankment, together with a 
correct showing of the quantity of overhaul beyond a given number of 
feet, in cubic yards, for each section of a mile or less; and it shall be the- 
duty of such chief or assistant engineer to furnish, on demand, when any 
work is finished, to any company, contractor, sub-contractor or person 
a final statement of quantities in each class of work done or supplies 
or material furnished by parties interested. [1889, March 20; 86 v. 120.] 
(3231—5) Sec. 5. [Penalty.] Any civil engineer or assistant 
engineer, whose duty it is to ascertain quantities from actual measure¬ 
ment, and on which final estimates are to be made, who shall knowingly- 


74 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

give other than the true quantities, with intent to defraud the construction 
company, contractor, sub-contractor, laborer or person furnishing sup¬ 
plies or material, shall, if the amount of the discrepancy exceed at the 
contract price, thirty-five dollars, be deemed guilty of a felony, and shall 
be punished by a fine of not less than the amount at contract price of all 
work done or material furnished and not included in his final estimate, 
or be confined in the penitentiary for not less than one or more than 
five years. [1889, March 20; 86 v. 120.] 

CREATION OF CORPORATIONS. 

Sec. 3245. [Conduct of election for directors; stockholders may 
cumulate their votes.] At the time and place appointed, directors 
shall be chosen, by ballot, by the stockholders who attend for that pur¬ 
pose, either in person or by lawful proxies; at such election and at all 
other elections of directors, every stockholder shall have the right to 
vote in person or by proxy-the number of shares owned by him for as 
many persons as there are directors to be elected, or to cumulate said 
shares and give one candidate as many votes as the number of directors 
multiplied by the number of his shares of stock shall equal, or to dis¬ 
tribute them on the same principle among as many candidates as he shall 
think fit; and such directors shall not be elected in any other manner. A 
majority of the number of shares shall be necessary for a choice, but no 
person shall vote on any share on which any installment is due and un¬ 
paid. 

[Incorporators are inspectors of election.] At such first election 
the subscribers of the articles of incorporation, or any of them as may 
be present, shall be inspectors of such election, and shall certify what 
persons are elected directors, and shall appoint the time and place for 
holding their first meeting [93 v. 230; 50 v. 274, § 9; (S. & C. 276.)] 

Sec. 3256a. [When Mortgage of certain corporations deemed 
to be duly recorded.] Such mortgage of real and personal property 
when heretofore or hereafter made by a company organized to operate 
a line or lines of telegraph, telephone, district telegraph messenger ser¬ 
vice, or for the purpose of supplying gas or electricity [or hot water] for 
lighting, fuel or other purposes, or hot water, or steam, for heating or 
fuel purposes, shall be held to be duly recorded if the same is recorded 
in the office of the recorder of deeds in the county and each of the coun¬ 
ties in which the real or personal property intended to be mortgaged is 
situate or employed. 

[When lien effective.] And the mortgage so recorded shall be 
held to be a good and sufficient lien from the date of the filing of the 
same for record in each county where it is recorded as well upon the 
personal as the real property of the company. [Passed May 6, 1902. 
•95 V. 366.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


75 


Sec. 3260. [Where complaint for enforcement of liability filed.] 

Whenever any creditor of a corporation seeks to charge the directors, 
trustees of other superintending officers of a corporation, or the stock¬ 
holders thereof, on account of any liability created by law, he may file 
his complaint for that purpose in any common pleas court which possesses 
jurisdiction to enforce such liability. [94 v. 359; 91 v. 88; R. S. of 1880.] 

Sec. 32600. [Action by court; appointment of receiver.] The 
court shall proceed thereon, as in other cases, and, when necessary, shall 
cause an account to be taken of the property and obligations due. to and 
from such corporation, and may appoint one or more receivers. [94 v. 
360.] 

Sec. 3260/7. [Enforcement of liability upon insolvent corpora¬ 
tion.] If, on the coming in of the answer or upon the taking of 
such account, it appears that such corporation is insolvent, and has 
not sufficient property or effects to satisfy such creditor, the court may 
proceed to ascertain the respective liabilities of the directors, officers and 
stockholders, and enforce the same by its judgment, as in other cases. 
[94 v. 360.] 

Sec. 3260c. [Notice to non-resident stockholders; collection of 
unpaid installments of stock.] In all cases in which the directors 
or other officers of a corporation, or the stockholders thereof, are made 
parties to an action in which a judgment is rendered, if the property of 
such corporation is insufficient to discharge its debts, the court shall give 
notice to non-resident stockholders as provided in sections 5048, 5049, 
5050, 5051, or 5052 of the Revised Statutes, and shall first proceed to 
compel each stockholder to pay in the amount due and remaining unpaid 
on the shares of stock held by him, or so much thereof as is necessary to 
satisfy the debts of the company. [94 v. 360.] 

Sec. 3260c/. [Ascertainment of liability of stockholders.] If the 
debts of the company remain unsatisfied, the court shall proceed to ascer¬ 
tain the respective liabilities of the directors or other officers and of the 
stockholders, and to adjudge the amount payable by each, and enforce tEe 
judgment, as in other cases. The court may authorize and direct the 
receiver to prosecute such action in his own name as receiver, as may be 
necessary, in other jurisdictions to collect the amount found due from any 
officer or stockholder. [94 v. 360.] 

Sec. 3260c. [Notice to the creditors.] Whenever any action is 
brought against any corporation, its directors or other superintending 
officers or stockholders, according to the provisions of this chapter, the 
court, whenever it appears necessary or proper, may order notice to be 
published, in such manner as it shall direct, requiring all the creditors of 
such corporation to exhibit their claims and become parties to the action, 
within a reasonable time, not less than six months from the first publica¬ 
tion of such order, and, in default thereof, to be precluded from all benefit 


76 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


of the judgment which shall be rendered in such action, and from any 
distribution which shall be made under such judgment. [94 v. 36°-] 

Sec. 326 o/\ [Distribution of assets of insolvent corporation.] 
Upon a final judgment in any such action against an insolvent cor¬ 
poration, the court shall cause a just and fair distribution of the property 
and assets of such corporation or the proceeds thereof to be made among 
its creditors. [94 v. 360.] 

POWERS. 

Sec. 3270. [May construct and maintain a railroad, etc., and 
where.] A railroad company now existing or hereafter created may 
maintain and operate, or construct, maintain and operate a railroad, with 
a single or double track, with such sidetracks, turnouts, offices, depots, 
roundhouses, machine shops, water tanks, telegraph lines, and other neces¬ 
sary appliances, as it deems necessary, between the points named in the 
articles of incorporation, commencing at or within, and extending to or 
into any city, village, town or place named as a terminus of its road. 
[69 v. 203, § 4; S. & S. no; S. & C. 275.] 

No capacity to engage in the telegraph business generally. Power extends only to such 
business as is necessary and convenient to the management of the railroad: Railroad Co. v. 
Telegraph Co., 38 O. S. 24-31. 

As to enforcing contracts ultra vires: lb. 24. 

Sec. 3271. [How terminus fixed in certain cases.] When a ter¬ 
minus named in the articles of incorporation is a county upon the line 
or boundary of the state, the president and directors of the company, upon 
the location of the road in that county, shall make and acknowledge a 
certificate definitely fixing the location in such county and file the same 
with the secretary of state. [69 v. 163, §1.] 

Where a railroad company changes a terminus of its road from one county into an ad¬ 
joining county, under the act of 1872 (69 v. 163), the mere fact that the route to the new ter¬ 
minus passes through a third county will not invalidate existing subscriptions to capital stock. 
Jewett v. Railway Co., 34 O. S. 601. 

Sec. 3272. [How line or termini may be changed.] A com¬ 
pany may, by a resolution adopted by a majority of its board of direc¬ 
tors, at a meeting thereof duly called for the purpose, with the written 
consent of three-fourths in interest of its stockholders, change the line, 
or any part thereof, and either of the proposed termini, of its road; but 
no change shall be made which will involve the abandonment of any part 
of the road, either partly or completely constructed; and any subscription 
of stock made upon the faith of the location of such road, or a part 
thereof, upon any line abandoned by Such change, shall be canceled at 
the written request of the subscriber not having consented thereto, filed 
with the secretary or other chief officer of the company, within six months 
after such change. [73 v. 115, § 1.] 

39 o. S. 331. 47 O. S. 276. 

A subscriber who expressly stipulates against any change in the line of road, is not re¬ 
quired to request in writing the cancellation of his subscription: Railway Co. v. Fisher, 39 O. 
S. 331. 


TRANSPORTATION LAWS OF THE STATE OF OHIO'. 


77 


Sec. 3273. [Change to be certified to secretary of state.] When 
any such change is made, the same shall be described in such resolution, 
a duly authenticated copy of which, under the seal of the company, shall 
be filed with the secretary of state and by him recorded, with proper 
reference, on the record of the articles of incorporation of the company, 
and when so filed, such change shall be considered as made, and shall be 
as valid and binding as if such changed line had been the line originally 
described in such articles. [73 v. 115, § 2.] 

Sec 3274. [Mortgage covers line as changed.] When any such 

company has issued its mortgage bonds for the construction of its road, 
the record of the mortgage securing, the same, in each county through 
or into which the changed line of the road passes, shall be as effectual to 
create a lien, upon the changed line of road, and upon the property of the 
company, as if such mortgage contained a complete description of such 
changed line and of such property. [73 v. 115, § 3.] 

Sec. 3275. [When and how route may be changed.] When a 
company, the line of whose road has not been finally located in whole 
or in part, finds it necessary, in order to avoid dangerous or difficult 
curves or grades, or dangerous or unsubstantial grounds or founda¬ 
tions, or for other reasonable cause, to pass through a county not named 
in the articles of incorporation, or to avoid passing into or through a 
county named therein, other than a county in which a terminus of the 
road has been fixed by the articles of incorporation, or in which is 

located a town or place by or through which the line of such road is 

to pass, the president and directors of the company, or a majority of 
them, may, under their hands and seals, make a certificate declaring 
such necessity and the cause thereof, and name therein the county or 
counties through which it may be necessary to pass, or which it may be 
necessary to avoid, which certificate shall be acknowledged and certified 
as provided in chapter one of this title, and forwarded to the secretary 

of state; and a copy of such certificate, duly certified by the secretary 

of state, shall be evidence of the facts therein stated; but nothing herein 
shall be construed to authorize the abandonment of any part of such 
company’s line that has been finally located, or a change of the general 
route of the line of such road, or the terminal points named in the arti¬ 
cles of incorporation. [71 v. 54, § 1.] 

47 O. S. 276. 

Sec. 3276. [Company liable for damages, and certain subscrip¬ 
tions canceled.] When the line of road of any company is, under 
the preceding section, diverted from a county named in the articles of 
incorporation, the company shall be liable in damages, if any be caused 
by such change or diversion, to any person owning land in such county, 
and all persons who subscribe to the capital stock of the company on the 
line of that part of the road so changed shall be released from all obli- 


78 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


gations to pay their subscriptions; but no action shall be commenced 
for such damages after six months from the filing of such certificate with> 
the secretary of state, and the publication of notice thereof by the com¬ 
pany, for four consecutive weeks, in some newspaper printed in such: 
county, or, if no newspaper is printed therein, in some newspaper having 
general circulation therein, saving the rights of infants, lunatics and per¬ 
sons imprisoned,* for six months after their disability is removed. [71 
v. 54, § 2.] 

Sec. 3277. [May change location or grade, when.] For the 
purpose of avoiding annoyance to public travel or dangerous or difficult: 
curves or grades, or unsafe or unsubstantial grounds or foundations, or 
when the roadbed has been injured or destroyed by the current of any 
river, watercourse or other unavoidable cause, or for other reasonable- 
cause, a company may change the location or grade of any portion of its 
road, whether heretofore made or hereafter to be made, but shall not 
depart from the general route prescribed in the articles of incorporation- 
[63 v. 141, § 11; 62 v. 36, § 1; S. & S. hi ; S. & S. 116; S. & C. 277.] 

17 O. 340. 2 O. S. 236. 15 O. S. 21. 16 O. S. 390. 

Sections 11 and 12 of the act incorporating the Little Miami Railroad Co. do not confer 
upon the company a right to re-locate their road after completing it upon the first location, and' 
to condemn to the uses of the road private property: Moorehead v. Little Miami R. R. Co., IT 
O. 340; Little Miami R. R. Co. v. Naylor, 2 O. S. 236. 

A railroad company authorized to change the location of its track, on account of “difficulty 
of construction” and other causes, may do so at any time before the construction of its road is; 
completed at the point where the change is made. Morehead v. Railroad Co., 17 O. 340, fol¬ 
lowed and approved: Atkinson v. Railroad Co., 15 O. S. 21. See Railroad Co. v. Daniels, 16- 
O. S. 390. 

Sec. 3278. [When land may be appropriated to make such 
change.] For the purpose of making any such change, the company 
shall have all the rights, powers and privileges to enter upon and appro¬ 
priate lands, and make surveys necessary to effect such change, upon the 
same terms, and subject to the same obligations, rules and regulations as 
are prescribed by law, except that, when it is necessary to appropriate- 
property for any such change, the appropriation may be had, if the pro¬ 
bate court, in the proceedings instituted therefor, find that the proposed 
change will conduce to the interests of the company and the public, and 
that the property and rights of those owning real estate along the portion 
of the road to be affected by the change will not be unreasonably injured 
thereby; but when the location is changed after the road has been used 
for transportation of persons and property, the company shall be liable 
for all damages occasioned by such change to the owner of the land upon 
which the road was first constructed. [63 v. 141, §11; 62 v. 36, § 1; 
S. & S. hi ; S. & S. 116; S. & C. 278.] 

Sec. 3279. [Certain companies may extend road into other 
states.] Any company organized for the purpose of constructing a 
railroad to the boundary line of this state, may extend its road into and 
through any adjoining state, under the regulations which may be pre- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


79 


scribed by such adjoining state; and the rights, powers and privileges of 
such company over such extension, in the construction and use of such 
road, and in controlling the property and applying the money and assets 
thereon, shall be the same as if the road were built wholly within this 
state. [53 v. 143, § 9; S. & C. 328.] 

Sec. 3280. [Branches.] A company may construct branches 
from the main line to towns or places within the limits of,any county 
through or into which its road passes, or to a connection with any rail¬ 
road which is or may be built within this state, or to any coal or other 
mine, stone-quarry, plastic clay, pottery-clay and fire-clay pits or banks, 
ore or shale banks, if at a meeting of the stockholders called for that 
purpose, the holders of a majority of the capital stock of the company, 
by a vote, in person or by proxy, so determine; and upon such determi¬ 
nation the president and directors shall make and acknowledge a certifi¬ 
cate setting forth the facts, and file the same with the secretary of state. 
[91 v. 87; 69 v. 204, § 4.] 

23 O. S. 168. 

Sec. 3281. [Appropriation of land by railroad or municipal cor¬ 
poration.] A company or a municipal corporation which may own 
or operate a railroad may enter upon any land for the purpose of exa¬ 
mining and surveying its railroad line, and appropriate so much thereof 
as may be deemed necessary for its railroad, including necessary side¬ 
tracks, depots, workshops, round-houses and water-stations, material for 
construction, except timber, a right of way over adjacent lands sufficient 
to enable it to construct and repair its roads and the right to conduct 
water by aqueducts and to make proper drains; but no appropriation 
of private property to the use of a company or municipal corporation 
which owns or operates a railroad shall be. made until full compensation 
therefor is made in money or secured by deposit of money to the owner 
irrespective of any benefit from any improvement proposed by the 
company or such municipal corporation as prescribed by law. [91 v. 294; 
50 v. 274, § 10; S. & C. 277.] 

53 O. S. 151. 4 C. C. 187. 33 O. S. 429. 37 O. S. 147. 37 O. S. 170. 43 O. S. 230. 

1 N. P. 63. 

A compensatory not a speculative remuneration is guaranteed by the law for land taken and 
damages as to remainder of premises: Powers v. Railway Co., 33 O. S. 429. 

Where a railroad company enters upon land under color of a proceeding in the probate 
court to appropriate the same, without first making compensation in money, or first securing it by 
a deposit of money, and constructs thereon a railroad track, and commences to run its cars 
along the same, after which, the owner obtains a reversal of the proceeding, and commences 
an action to recover possession of the land, the mere fact of delay, without proof of know¬ 
ledge of or acquiesence in the acts of the company, will not stop the owner from maintaining 
such action: • Bothe v. Dayton & Michigan R. R. Co., 37 O. S. 147. 

See State ex rel. v. Railway Co., 37 O. S. 170. 

This section applies only to private property: lb. 171. 

Where a railroad company appropriates more land than is necessary to its use, the land- 
owner can not be subject to the occupancy and burden upon such surplus, of another com¬ 
mon carrier holding under an attempted grant in perpetuity from the first corporation: Platt v. 
Penn. Co., 43 O. S., 230. Mcllvaine, J., and Johnson, C. J., dissented. 


so 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 3282. [What lands a company may acquire.] Such com¬ 
pany may acquire, by purchase or gift, any lands in the vicinity of the 
line of its road, or through which the same passes, so far as may be 
deemed convenient or necessary by the company to secure the right of 
way, or such as may be granted to aid in the construction of the road, 
and hold or convey the same in such manner as the directors may pre¬ 
scribe, but all such conveyances acquired by gift, to said companies, shall 
be null and void, unless said company complete said road on the right 
of way so conveyed within five years from the time of said conveyance; 
and all deeds and conveyances made by the company shall be signed by 
the president, under the seal of the company. [50 v. 274, § 15; S'. & 
€. 279.] 

10 O. S. 372. 24 O. S. 219. 6 O. S. 119. 24 O. S. 28. 15 O. 26. 26 O. S. 426. 28 R. 

& T. L. 29 O. S. 330. 37 O. S. 170. 

Sec. 3283. [How right to occupy road, street, alley, etc., may 
be acquired.] If it be necessary, in the location of any part of a rail¬ 
road, to occupy any public road, street, alley, way, or ground of any 
kind, or any part thereof, the municipal or other corporation, or public 
officers or authorities, owning or having charge thereof, and the com¬ 
pany may agree upon the manner, terms and conditions upon which the 
same may be used or occupied; and if the parties be unable to agree 
thereon, and it be necessary, in the judgment of the directors of such 
company, to use or occupy such road, street, alley, way or ground, such 
company may appropriate so much of the same, as may be necessary for 
the purposes of its road, in the manner and upon the same terms as is 
provided for the appropriation of the property of individuals, but every 
company which lays a track upon any such street, alley, road or ground, 
shall be responsible for injuries done thereby to private or public prop¬ 
erty lying upon or near to such ground, which may be recovered by civil 
action brought by the owner, before a proper court, at any time within 
two years fi;om the completion of such track. [54 v. 133, § 12; S. & C. 
278.] 

31 O. S. 338. 35 O. S. 94. 35 O. S. 171. 35 O. S. 287. 36 O. S. 251. 36 S. 631. 37 O. 

S. 158. 38 O. S. 41. 41 O. S. 207. 45 O. S. 309. 48 O. S. 343. 51 O. S. 328. 52 O. S. 262. 

54 O. S. 6 C. C. 354. 4 C. C. 387. 15 C. C. 1 . 7 O. D. 647. 15 C. C. 245. 56 O. S. 8. 58 

O. S. 639. 

Sec. 3284. [May divert road or stream when necessary.] A 

company may, whenever it is necessary in the construction of its road 
to cross a road or a stream of water, divert the same from its location 
or bed; but the company shall, without unnecessary delay, place such 
road or stream in such condition as not to impair its former usefulness, 
and any or all railroads hereafter constructed, which shall cross any 
avenue or public highway leading from a city of the first or second class 
to a public cemetery of such city, situate within or without the limits of 
any such city, shall be constructed so as either to pass under or over such 
avenue or public highway, at such elevation or depression as the case 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


81 


may be, as will allow the unobstructed passage of all wagons, carriages 
or other vehicles which it may be necessary for any person to use upon 
such avenue or public highway. [50 v. 274, § 16; S. & C. 279.] 

21 O S. 421. 20 O. S. 150. 34 O. S. 114. 36 O. S. 434. 8 W. L. B. 335. 1 C. C. 292. 3 

C. C. 214. 52 O. S. 262. 52 O. S. 616. 8 C. C. 299. 15 C. C. 245. 

Sec. 3285. [May construct its bridges as toll bridges; tolls 
thereon.] It may so construct its bridges as to answer the ordinary 
purposes of travel and business, as well as for railroad purposes, and may 
demand and receive such rates of toll for the passage of individuals, 
vehicles of all kinds, or animals, as it may fix, subject to the approval of 
the commissioners of the county or counties in which such bridge is 
erected; but the rates of toll must be uniform, shall be printed or painted,, 
and kept ‘conspicuously posted in or near the toll-house of the bridge,, 
and may be revised and changed in the first week in each year; and the 
company may compound and bargain with any person or party for the 
use of such bridge, by the month, quarter or year; but no company shall 
receive toll upon any such bridge if erected within one mile of any toll 
bridge previously constructed over the same stream. [51 v. 415, § 1 ; 
S. & C. 323.] 

Sec. 3286. [May issue bonds for certain purposes, and secure 
same by mortgage.] A company may issue bonds, convertible or 
otherwise, bearing a rate of interest not exceeding seven per centum per 
annum, to an amount not exceeding two-thirds of its capital stock,, 
actually subscribed, for one or more of the following purposes: Com¬ 
pleting or extending its road, constructing branch roads, laying double 
or additional track, increasing its machinery or rolling-stock, building 
depots or shops, making improvements, paying its unfunded debts, or 
redeeming its bonds; and it may secure the bonds issued for such pur¬ 
poses by mortgage on its property, or otherwise, if authorized by the vote, 
in person or by proxy, of holders of a majority of the stock upon which 
all the installments called for by the board of directors have been paid; 
but such vote shall be taken at a meeting of stockholders, of which thirty 
days’ notice shall be given. [73 v. 25, § 5; S. & S. 123; S. & C. 323.] 

3 c. C. 473. 

3286—1. [Narrow-gauge railroad authorized to issue second 
mortgage bonds; proviso.] Any railroad company having a gauge 
not exceeding three feet, known as a narrow-gauge road, heretofore or that 
may be hereafter incorporated under the laws of this state, and having 
at least fifty miles of completed road, and not exceeding six thousand dol¬ 
lars per mile of first mortgage bonds issued for each mile of completed 
road, for the purpose of funding its floating debt, or for the completion 
of its unfinished proposed line of road, or for the purchase of rolling 
stock, or for the erection of repair shops, or for the purchase of supplies 
necessary for the operation of said road, or for any or all of said pur- 

6 T. L. 


82 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


poses, shall be and the same is hereby authorized to issue its second 
mortgage bonds, bearing a rate of interest not exceeding seven per cent, 
per annum, secured by a second mortgage upon its entire property, real 
and personal, and its franchise, for any amount not exceeding two-thirds 
of the amount of its authorized capital stock, and sell the same at such 
time and places, within or without the state, and at such rate as the 
directors of said railway company may deem for its best interest; pro¬ 
vided said issue of bonds and mortgage shall be authorized by a vote, 
either in person or by proxy, of the majority of the holders of paid-up 
stock; and provided that previous to taking said vote thirty days’ notice 
shall be given to the stockholders of said railway company, by publica¬ 
tion in a newspaper of general circulation in each and every county 
through which the line of road is operated. [77 v. 164.] 

Sec. 3287. [May borrow money, and secure the same by pledge 
of its property.] A company may borrow money at a rate not ex¬ 
ceeding seven per centum per annum, for any purpose that the same may 
be needed in its business, and execute bonds or promissory notes there¬ 
for in sums of not less than one hundred dollars; and it may secure the 
payment of such bonds and notes by a pledge of its property and income; 
but the aggregate indebtedness authorized by this and the preceding 
section shall not exceed the amount of the capital stock of the company. 
[50 v. 274, § 14; S. & C. 279.] 

See Sec. 3309a. 

Sec. 3288. [How mortgage or pledge may be made.] Such 

mortgage or pledge may be made by the company executing a deed of 
mortgage or other instrument in writing, for the purpose of securing the 
payment of the loan of money made, or the notes, bonds or other evi¬ 
dence of indebtedness issued by the company, which mortgage may in¬ 
clude the personal as well as the real property of the company. [51 v. 
332, § 1; S. & C. 322.] 

See Sec.3309a. 

10 O. S. 372. 10 O. S. 413. 14 O. S. 187. 15 O. S. 523 24 O. S. 28. C. C. 426. 

Sec. 3289. [Where such mortgage to be recorded.] It shall be 

held to be a sufficient record of any such mortgage, heretofore or here¬ 
after made, if the same is recorded in the office of the recorder of deeds 
in each of the counties in which the real or personal property is situate 
or employed, and the mortgage so recorded shall be held to be a good 
and substantial lien, from the date of the record of the same in each 
county where it is recorded, as well upon the personal as the real property 
of the company. [51 v. 332, § 2; S. & C. 322.] 

See Sec. 3309a. 

Sec. 3290. [How directors may dispose of securities.] The 

directors of the company may sell, negotiate, mortgage or pledge such 
bonds or notes, as well as any notes, bonds, scrip or certificate for the 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


83 


payment of money or property which the company may have heretofore 
received, or shall hereafter receive, as donations or in payment of sub¬ 
scriptions to the capital stock, or for other dues of the company, at such 
times and in such places, either within or without the state, and at such 
rates and for such prices at not less than seventy-five cents on the dollar, 
as in the opinion of the directors will best advance the interests of the 
company; and if such notes or bonds are thus sold at a discount, without 
fraud, the sale shall be as valid in every respect, and the securities as 
binding for the respective amounts thereof, as if they were sold at their 
par value. [51 v. 286, § 1; 73 v. 25, § 5; S. & C. 321.] 

Sec. 3291. [Directors may open transfer books in other states.] 

The directors of any company, when they deem it expedient for the in¬ 
terest or convenience of the company, may open transfer books in any 
of the states of the United States, for the purpose of transferring stock 
which may be purchased or held by persons out of this state; and they 
may employ suitable agents to keep such transfer books, whose acts, done 
under the authority of this section, shall be binding on the company. [48 
V. 51, § I; S. & C. 321.] 

Sec. 3292. [When directors may elect a vice-president.] The 

directors may elect from their number a vice-president whenever, in their 
opinion, the interests or convenience of the company requires it; and in 
•case of the absence, death, resignation, or other disability of the presi¬ 
dent, the vice-president so elected shall exercise the same powers and 
discharge the same duties as properly and legally belong to the office of 
president, until such vacancy is filled by a new election, or such disability 
removed. [53 v. 36, § 1; S. & C. 323.] 

Sec. 3293. [When directors may elect a treasurer.] The direct¬ 
ors may, whenever in their opinion, the interests or convenience of the 
company will be promoted thereby, elect any suitable person as treasurer 
of the company, to be subject to such rules and regulations as they or the 
company may prescribe. [54 v. 103, § 1; S. & C. 324.] 

Sec. 3294. [Number of directors may be increased or dimin¬ 
ished.] A company may, by a vote of a majority of its stock at any 
regular annual meeting of the company, increase the number of directors 
to any number not greater than fifteen, or decrease the number before or 
after such increase to any number not below seven. [72 v. 17, § 3.] 

Sec. 3295. [Directors may be classified at stockholders’ meet¬ 
ing.] The .stockholders of a company, whether organized under 
general or special laws, whose railroad is wholly or partly within this 
state, may at any regular meeting of its stockholders, or a special meet¬ 
ing of which at least thirty days’ notice has been given by publication, 
bv an affirmative vote of the stockholders owning a majority of the stock 
of the company, direct its board of directors to so classify the members 
thereof, by lot or otherwise, that one-third thereof shall terminate their 


84 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


official term at the first annual election thereafter, one-third at the next 
annual election thereafter, and the remainder at the next succeeding 
annual election thereafter; at the first regular election succeeding such 
classification, when the term of the directors of the first class expires, 
and at each succeeding annual election thereafter, the stockholders shall 
elect directors for three years, to take the place of those retiring, and no 
more; and all vacancies which otherwise occur in the board shall be filled 
in the manner prescribed by law. [66 v. 77, § 1.] 

Sec. 3296. [May be classified at annual elections.] The stock¬ 
holders of a company whose road is wholly or partly within this state, 
may, at any regular annual election of directors thereof, so classify and 
elect such directors that one-third thereof shall serve for one year, one- 
third for two years, and the remainder for three years; at each suc¬ 
ceeding annual election thereafter the stockholders shall- elect directors 
to take the place of those whose terms so expire; no person shall be 
allowed to vote for directors as aforesaid unless he has been a registered 
stockholder of such company at least thirty days prior to such election ; 
and the registry of such stock shall be made in the books kept at the 
principal office of the company. [66 v. 77, § 2.] 

Sec. 3297. [Further application of two preceding sections.] The 

provisions of the two preceding sections shall also apply to companies 
whose bondholders or other creditors share with the stockholders in the 
election of directors; and in such case the vote necessary to direct the 
classification provided for in said sections shall be the same as is required 
to elect directors of such company. [66 v. 77, § 3.] 

Sec. 3298. [Subscriptions payable on completion of the road 
authorized.] The directors of a company which has expended in the 
construction of its road ten per centum of its authorized capital, and 
has obtained actual bona fide subscriptions to its capital stock, to the 
amount of at least twenty per centum thereof, may receive subscriptions 
to its capital stock, payable in such installments, dependent upon the 
completion of the whole or any part of its road so that cars may pass 
over the same, as its directors may deem expedient, and upon full pay¬ 
ment thereof may issue certificates of stock therefor ; but no subscriber 

to the stock hereby authorized shall be entitled to any of the privileges of a 

stockholder until his subscription is fully paid, nor shall he, for any 
purpose, be deemed a stockholder until the happening of the contin¬ 
gency upon which the installments on his subscription are made depend¬ 
ent. [54 v. 133, § 3; S. & C. 325.] 

43 O. S. 538. 45 O S. 573. 47 O. S. 276. 

An offer in writing to subscribe to the capital stock of a railroad company, conditioned 
upon the construction of its line of road along a designated route, is revocable, at the option 
of the party making such offer, at any time before its delivery to and acceptance by such com¬ 
pany; and his death, before such delivery and acceptance works such revocation: Wallace v 
Townsend. 43 O. S.. 538. 

Cited in Railroad Co. v. Hinsdale, 45 O. S.573. See note to same case under § 3300. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 85 

Sec. 3299. [Certain property of certain companies exempt from 
execution.] A company which has begun and partly built its road, 
but is unable to finish and operate the same for want of means, may 
take subscriptions conditioned that the proceeds thereof shall not be used 
or applied upon the debts of the company; and all money or material 
collected upon such subscriptions, and all material or implements pur¬ 
chased with such money for the construction of the track, houses, depots 
and rolling stock of the company, shall be exempt from execution, or 
other process or proceedings for the payment of the debts of the com¬ 
pany, so long as such money, material or implements are used or designed 
for the construction of such track, houses, depots and rolling stock. [64 
v. 192, § 1 ; S. & S. 120.] 

Sec. 3300. [When a railroad company may aid, lease or pur¬ 
chase another; effect of such purchase.] Any company may aid an¬ 
other in the construction of its road, by means of subscription to the 
•capital stock of such company, or otherwise, for the purpose of forming 
a connection of the roads of the companies, when the road of the com¬ 
pany so aided does not and will not, when constructed, form a compet¬ 
ing line; any company may lease or purchase any part or all of a rail¬ 
road constructed, or in course of construction by another company, if 
the lines of road of such companies are continuous or connected, and 
not competing, upon such terms as may be agreed upon between the 
companies; and after such purchase the purchasing company shall be 
vested of all the rights and powers in respect to the location, construc¬ 
tion, completion and operation of such railroad, and of branches thereto 
of the company from which it purchased said railroad, including the 
power to acquire and appropriate property therefor, and shall be subject 
to all the duties, obligations and restrictions of said company; and any 
two or more companies whose lines are connected and not competing, 
may enter into any arrangement for their common benefit consistent 
with, and calculated to promote the objects for which they were created. 
[ 1882, March 14; 79 v. 35 ; Rev. Stat. 1880; 70 v. 129, § 24; S. & C. 281.] 

29 O. S. 126. 22 O. S. 412. 23 O. S. 168. 37 O. S. 644. 45 O. S. 556. 6 C. C. 415. 47 
O. S. 668. 

Sec. 3301. [Two-thirds of the stock-holders of each company 
must assent to lease or purchase of railroad.] No such aid shall be 
furnished, nor any purchase or lease perfected, until a meeting o'f the 
■stockholders of each of the companies has been called for that purpose 
by the directors thereof, on thirty days’ notice to each stockholder, at 
such place and in such manner as is provided for the annual meetings 
of the companies, and the holders of at least two-thirds of the stock of 
-each company, in person or by proxy, at such meeting, assent thereto; 
and in case of the lease of any railroad situate in whole or in part within 
this state, the rental reserved and secured for the leased road shall be 
■equal, at least, to the net earnings of the same for the fiscal year next 


86 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

preceding - the one in which the lease is made. [1882, April 17 > 79 v * 
hi ; Rev. Stat. 1880; 70 v. 129, § 24, §1.] 

Sec. 3302. [How a dissenting stock-holder may sell his stock.] 
A stockholder who refuses his assent to such sale, lease, or aid by sub¬ 
scription, and signifies the same by notice, in writing, to the purchaser 
or lessee, within sixty days thereafter, shall be entitled to demand and 
receive from such purchaser or lessee, previous to the consummation of 
such sale or lease, the average market value of his stock for six months 
next preceding the day of the meeting of the companies at which the sale 
or lease is approved, on the surrender of his stock; and if the stockholder 
and the purchaser or lessee cannot agree as to the value of the stock, 
the parties may submit the question to arbitration, which shall be con¬ 
ducted in accordance with the provisions of law regulating arbitrations, 
so far as the same may be applicable, by three disinterested persons, to 
be appointed upon the motion of either of the parties, by the judge of the 
court of common pleas of the county in which the owner of the stock 
resides, or, in case he is a non-resident of the state, or of any county 
through or into which the road passes, then in the county in which the 
principal office of the company is kept. [70 v. 129, § 24, § 2.] 

Sec. 3303. [When the court may appoint arbitrators.] If any 

such stockholder refuses to submit the question to arbitration, the proper 
judge shall, upon the application of a director of either of the companies 
parties to the contract, appoint the arbitrators, who shall proceed to- 
ascertain the value of the stock in the same manner as if the question 
had been submitted by consent of both parties; and if the party owning, 
the stock refuses to receive the amount awarded in any case, the com¬ 
pany may deposit the same with the clerk of the court of common pleas 
of the county in which the arbitration is held, which deposit shall operate 
the same as if payment were made to the owner of the stock. [70 v. 
129, § 24, § 2.] 

Sec. 3304. [Notice of application therefor; how given.] In all 

cases of arbitration under the two preceding sections, the party desir¬ 
ing such arbitration shall give the opposite party at least ten days’ notice 
of his intention to apply to the judge for the appointment of arbitrators, 
which notice shall be served in the same manner as is provided for the 
service of a summons, and shall specify the time and place of the hear¬ 
ing of the application; but in cases of non-residents the notice shall 
be by publication for four consecutive weeks, in some newspaper printed 
in the county. [70 v. 129, §24, § 3.] 

Sec. 3305. [Lease of railroad; security required; void if rental 
not paid; lessor and lessee jointly liable.] No company shall lease 
its road, or any part thereof, to any other company, whether of this or 
any other state, as hereinbefore provided, unless the lessor receive full 
and adequate security for the payment of the rental and for the preser- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


87 


vation of the property of the lessor, in as good condition as on entering 
into possession, and if the lessee fail to pay such rental promptly when 
due, such lease shall be .void, at the option of the lessor; and the com¬ 
pany to whom any railroad is leased, if a corporation of any other state, 
shall be subject to all the restrictions, disabilities and duties of a railroad 
company incorporated within this state; and notwithstanding such lease 
the corporation of this state lessor therein, shall remain liable as if it 
operated the road itself, and both the lessor and lessee shall be jointly 
liable upon all rights of action accruing to any person for any negligence 
or default growing out of the operation and maintenance of such rail¬ 
road, or in any wise connected therewith, and may be jointly sued in 
any of the courts of this state of proper jurisdiction, and prosecuted to 
final judgment therein as in other cases of joint liability; and provided 
that service may be had upon said companies, or either of them, by the 
service of process upon any officer or agent of either of said companies. 
[1883, April 13; 80 v. 116; Rev. Stat. 1880; 70 v. 129, § 24, §4.] 

3 N. P. 283. 6 O. D. 67. 36 W. L. B. 81. 

Sec. 3306. [How an extension of a line authorized.] When a 
company desires to extend the line of its road beyond either of its pre¬ 
viously designated termini, the president and directors of the company 
may submit the question of such extension and change of termini to a 
meeting of its stockholders, to be called for that purpose, by notice pub¬ 
lished for four consecutive weeks in some newspaper in general circula¬ 
tion in each county through or into which it passes; and if the holders of 
the majority of the stock, in person or by proxy, so determine, the pres¬ 
ident and directors, or a majority of them, shall make a certificate of 
the fact, naming the places of the new terminus or termini of the road, 
and the county or counties through or into which the extended line will 
pass, and file it in the office of the secretary of state, and such certificate 
and extension shall be considered and held to be a part of the original 
line of the road. [72 v. 70, § 2.] 

48 O. S. 390. 

Sec. 3307. [For what purposes capital stock may be increased.] 

A company may increase its capital stock, as hereinafter provided, when¬ 
ever, in the opinion of the directors, the same is insufficient for the con¬ 
struction of its road, or it becomes necessary for the speedy and con¬ 
venient transaction of its business to construct a second additional track, 
extend its line or construct branches thereof, increase its machinery, 
rolling-stock, depots, or other fixtures, or for the purpose of paying any 
bonds issued or guaranteed by it, or for the purchase of any railroad 
within this state which has been or may hereafter be sold by a judicial 
order or decree, or for completing its line of road, or liquidating or 
paying off any unfounded floating debt, or other liabilities incurred 
in the construction or equipment of its road, or for the purpose of ex- 


88 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


tending the same or constructing branches as authorized, or for either 
or all the purposes aforesaid. \jo v. 289, § 1; 7 2 y . 9B § 1 , S. & C. 3 2 5-J 

24 o. S. 147. 

Sec. 3308. [Proceedings to increase stock.] Before any stock 
shall‘be issued under the last section a majority of the directors shall 
call a meeting of the stockholders, designating distinctly the time, place 
and purpose of the meeting, and the amount of stock required, which 
meeting shall be held at the principal business office of the company in 
this state, and notice of which shall be given for at least thirty days 
previous, by continued publication in at least two newspapers published 
and of general circulation in the state, and by a like notice, mailed thirty 
days previous to the time named for the meeting, to each stockholder 
whose residence is known; and if at such meeting the consent of the 
holders.of a majority of the stock upon which they would be entitled 
to vote at an election of directors of the company be given, the stock of 
the company may be increased to such amount as may be decided neces¬ 
sary or requisite for the purposes named in the preceding section. [73 
v. 25, § 2.] 

Sec. 3309. [“Common” or “preferred” stock may be issued; sale 
thereof.] The increased stock may be “common” or “preferred,” as 
shall be designated in the call for the meeting of the stockholders; if 
preferred stock be issued, the company may guarantee to the holders 
thereof semi-annual or quarterly dividends, to an amount not exceeding 
six per centum per annum, payable at its office, or at such other place as 
the directors may designate; the stock may be sold at such time and 
place, either within or without the state, as may be deemed advisable 
and the proceeds thereof applied to the purposes for which it is issued; 
the unpreferred stock of the company shall be entitled to dividends only 
out of the surplus of the profits, after setting apart a sum sufficient to 
pay the dividends upon the preferred stock, and the company which 
issues such preferred stock shall reserve the privilege of redeeming and 
canceling the same at par, at any time after three years from the date 
of its issue; and the preferred stock herein provided for may be con¬ 
vertible into bonds of the company at the option of the parties. [70 v. 

289, § 3-] 

Sec. 3309a. [Borrowing money and issuing securities in lieu of 
issuing preferred stock; bonds of consolidated company in excess of 
capital stock.] Any railroad company now or hereafter organized 
under the laws of this state, and any such company which now is or 
shall hereafter be consolidated with other companies, as provided in sec¬ 
tions thirty-three hundred and seventy-nine, thirty-three hundred and 
eighty, thirty-three hundred and eighty-one and thirty-three hundred and 
eighty-two of the Revised Statutes, may, at a meeting of its stockholders, 
called as provided in section thirty-three hundred and eight, in lieu of 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 89 

issuing preferred stock as provided in section thirty-three hundred and 
nine, provide for borrowing money to locate, construct and equip its 
proposed line of railway, or for the purpose of leasing or purchasing 
•and equipping branch or connecting roads constructed or in process of 
•construction, not exceeding ten miles in length, or for redeeming or ex¬ 
changing any part or all of its previously issued bonds, or for funding 
its floating debt, or for any or all of said purposes, in such an amount as it 
may deem necessary, not exceeding its authorized capital stock, but com¬ 
panies formed by consolidation of one or more companies of this state 
'or of this state with one or more companies of other states as provided 
in sections 3379 and 3380, may issue bonds in excess of such capital 
stock, and at such rates of interest as may be agreed upon between the 
respective parties, not exceeding seven per cent, per annum, payable 
semi-annually or quarterly, as they may direct, and may execute and 
issue securities therefor, and to secure the payment thereof may pledge 
the entire property and net income of such company by mortgage or other¬ 
wise, 

[Issue, purpose, etc., of bonds of consolidated company.] And 

any railroad company formed by the consolidation of two or more rail¬ 
road companies existing under the laws of this state or any railroad 
company formed by the consolidation of one or more companies created 
by or existing under the laws of this state and any other state or states, 
with a railroad company or companies of this state or any other state, 
may, from time to time, if authorized by the vote in person or proxy 
■of holders of two-thirds (§) of the full paid-up stock of such consoli¬ 
dated railroad company present and voting at meetings of stockholders, 
called as aforesaid, issue its bonds, convertible or otherwise, into stock, 
bearing a rate of interest not exceeding six per centum per annum, for 
one or more of the following purposes: Paying, redeeming or funding 
debts or obligations assumed, incurred or created by it or either of its 
predecessors or constituent companies, comprising claims made against 
it or either of its predecessors or constituent companies, purchasing the 
whole or any part of any railroad held by it under lease to, or operating 
contract with it or either of its predecessors or constituent companies 
acquiring the whole or any part of the stock or bonds of any railroad 
company owning a railroad held by such consolidated railroad company 
under lease or operating contract, acquiring the whole or any part of 
the bonds, notes or other obligations of any other railroad company of 
this or any other state, the whole or a majority of whose capital stock 
shall be held by such consolidated railroad company, completing, ex¬ 
tending, improving, maintaining or operating its road, branches or lines, 
held under lease or contract, laying double or additional track, purchas¬ 
ing rolling stock, building depots, elevators or shops, and generally for 
any purpose needed in its business, and may, if the directors shall so 


90 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

determine, secure such issue or issues of bonds by mortgage or pledge 
of any or all of its real or personal estate or franchise or income. 

[How securities expressed and disposed of; application of pro¬ 
ceeds.] Said securities may be expressed in dollars or in the cur¬ 
rency of the country where disposed of and may be disposed of upon 
such terms and at such prices as may be agreed upon between the respec¬ 
tive parties not inconsistent with the laws of this state. The proceeds 
of sale of such securities shall be applied only as now required by law: 

[Street railroads.] Provided, that nothing in this section of in 
the sections of the Revised Statutes relating to railroad companies, prior 
to section thirty-four hundred and thirty-seven, other than in sections 
thirty-two hundred and eightv-seven, thirty-two hundred and eighty- 
eight and thirty-two hundred and eighty-nine shall be construed as affect¬ 
ing street railroads. [92 v. 415; 89 v. 82; 87 v. 181; 81 v. 157; 800 v. 
55; 87 v. 230; 77 v. 206.] 

Sec. 33096. [Classification of capital stock.] Any railroad com¬ 
pany hereafter formed may, in its article of incorporation, provide for 
the division of its capital stock into common stock and classes of pre¬ 
ferred stock by stating therein the amount of each kind and class of 
stock, the par value of the respective shares thereof, and the vote which 
shares of each class shall have. And it may further provide in such arti¬ 
cles, terms and conditions of such preferred stock in addition to and not 
inconsistent with the provisions of section 3309. [Apr. 2, 1891 ; 88 v. 267.] 

Sec. 3310. [Facts to be certified to the secretary of state.] 
Within ten days after such meeting 1 the president and secretary of the 
company shall make an abstract, stating the whole amount of pre-existing 
capital stock, the amount authorized, the number of shares of stock upon 
which all the installments called for by the board of directors have been 
paid, and the vote at the meeting, and add a certificate that the provisions 
of the two preceding sections have been fully complied with; and they 
shall make affidavit to such abstract and statement, and file the same in 
the office of the secretary of state, who shall cause the same to be recorded. 

[73 v. 25, § 4; S. & C. 326.] 

(3310—1). [Electricity as motive power upon railroads.] That 

upon any railroad heretofore or hereafter constructed in this state, elec¬ 
tricity may be used as a motive power in the propulsion of cars; provi¬ 
ded, however, that before any line of poles and wires shall be constructed 
through or along the streets, alleys or public grounds of any municipal 
corporation, plans of such construction shall be submitted to and appro¬ 
ved by the council of such municipal corporation. [91 v. 397.] 

8 O. D. 24. 15 C. C. 78. 

REGULATIONS. 

Sec. 3311. [Railroad companies must establish a principal office.] 

Each company shall, as soon as convenient after its organization, estab- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


91 


lish a principal or [general] office at some point on the line of its road 
(or on the line of any road within this state with which it connects or 
has running arrangements), and may change the same at pleasure, and 
shall give public notice of such establishment or change in some newspaper 
published on its line within this state; and thetoffice of the president, secre¬ 
tary and treasurer of the company shall be kept at such principal or 
general office, or at some other point on the line of* the road of the 
company within this state, and a record kept there of all the proceedings 
of the company, to be open at reasonable hours to the inspection of any 
stockholders of the company. [1880, April 9: 77 v. 153; Rev. Stat. 1880; 
50 v. 274, § 17; S. & C. 279.] 

6 O. D. 178. 4 N. P. 115. 

Sec. 3313. [Securities sold to directors under par, void.] All 

capital stock, bonds, notes or other securities of a company, purchased 
of a company by a director thereof, either directly or indirectly, for less, 
than the par value thereof, shall be null and void. [69 v. 173, § 2; S. & 
C. 321.] 

Sec. 3314. [When directors are personally liable to stockholders.] 

The directors shall be liable in their individual capacity to the stock¬ 
holders for any damage sustained by the stockholders by reason of the 
negligence, mismanagement or unfaithfulness in the discharge of their 
duties; but a director may exonerate himself by entering his protest upon 
the record against any act done without his concurrence from which in¬ 
jury is feared, and forthwith publishing the same for three weeks in 
some newspaper printed and of general circulation in the county in which 
is the principal office of the company. [52 v. 91, § 3; S. & C. 370.] 

Sec. 3315. [Certain persons ineligible to office or appointment.] 
No person who is a stockholder, owner or part owner of any express, 
dispatch, fast freight or transportation company, whether incorporated or 
not, which has for its object, or one of its objects, the shipment of freight 
or the transportation of persons over any railroad in the United States, 
or who is in any way pecuniarily interested in any company or partner¬ 
ship formed for any such or like purpose, shall perform the duties of, or 
be elected or appointed to, any office of profit or trust in any railroad 
company, or employed as freight or ticket agent thereof; and all such 
persons shall be ineligible to any such office or appointment. [63 v. 156, 
§ 1; S. &S. 116.] 

Sec. 3316. [Acts of such persons void, and penalties.] If any 

person be elected to an office or appointed to a position, or perform 
duties, in violation of the preceding section, all his official acts shall be 
null and void; and for every day that he exercises or attempts to exer¬ 
cise the functions of such office or appointment, he shall forfeit and pay 
the sum of fifty dollars, to be recovered at the suit of any stockholder of 
the company, in the name of the company, one-half of which shall go into 


92 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


the treasury of the company and the other to the stockholder prosecuting. 
[63 v. 156, § 2; S. & S. 116.] 

Sec. 3317. [How authority obtained to bridge canals or navi¬ 
gable waters.] When the line of the road of a company crosses a 
canal or any navigable water, the company shall file with the board of 
public works, or with the acting commissioner thereof having charge of 
the public works where such crossing is proposed, the plan of the bridge 
and other fixtures for crossing such canal or navigable water, which shall 
designate the place of crossing; if the board or acting commissioner 
approve such plan, he shall notify the company, in writing of such 
approval; but if the board or acting commissioner disapprove such plan, 
or fail to approve the same within twenty days from the.filing thereof, 
the company may apply to the court of common pleas, or a judge thereof 
in vacation, and upon reasonable notice being given to the members of 
the board of public works or said acting commissioner, the court or 
judge shall, upon good cause shown, appoint a competent, disinterested 
engineer, not a resident of any county through which the road passes, 
to examine such crossing, and prescribe the plan and condition thereof, 
so as not to impede navigation; such engineer shall, within twenty days 
from his appointment, make his return to the court of common pleas of 
the county wherein such crossing is to be made, subject to exception by 
either party; thereupon the court shall, at the next term after the filing of 
the return, proceed to examine the return, and approve and confirm the 
same, unless good cause be shown against such approval; and such order 
of confirmation shall be sufficient authority for the erection, use and occu¬ 
pancy of such bridge, in accordance with such plan; but no company 
shall construct over any canal any permanent bridge less than ten feet 
in the clear above the top water line of the canal; and the piers and 
abutments of such bridge shall be placed SO' as not in any manner to con¬ 
tract the width of the canal or interfere with free passage on the tow- 
path ; but this section shall not be construed to prevent the construction 
or continuance of draw-bridges which do not interrupt navigation. [50 
v. 274, § 20; 50 v. 205, §§ 4, 5; S. & C. 279; S. & C. 319.] 

37 O. S. 173. 

Sec. 3318. [Certain bridges established.] All railroad bridges 
erected prior to May 1, 1852, over any navigable canal, feeder, slack- 
water improvement, river, stream, lake or reservoir, not less than ten 
feet in the clear above the top water-line, shall remain undisturbed by the 
board of public works. [50 v. 205, § 4; S. & C. 319.] 

Sec. 3319. [Attorney-general to enforce section, etc.] If a 
company refuse to comply with any of the provisions of section thirty- 
three hundred and seventeen, the attorney general, on being notified 
thereof, shall immediately institute proper legal proceedings, in the name 
of the state, against such company, for the purpose of enforcing the pro¬ 
visions thereof. [50 v. 205, § 5; S. & C. 319.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 93> 

Sec. 3320. [Passenger trains must stop at certain stations.] 

Each company shall cause three, each way, of its regular trains carrying* 
passengers, if so many are run daily, Sundays excepted, to stop at a sta¬ 
tion, city or .village, containing over three thousand inhabitants, for a 
time sufficient to receive and let off passengers; if a company or any 
agent or employe thereof, violate, or cause or permit to be violated, this 
provision, such company, agent or employe shall be liable to a forfeiture of 
not more than one hundred nor less than twenty-five dollars, to be recov¬ 
ered in an action in the name of the ‘state, upon the complaint of any 
person, before a justice of the peace of the county in which the violation 
occurs, for the benefit of the general fund of the county; and in all cases 
in which a forfeiture occurs under the provisions of this section, the 
company whose agent or employe caused or permitted such violation shall 
be liable for the amount of the forfeiture, and the conductor in charge of 
such train shall be held, prima facie, to have caused the violation. [1889, 
April 13; 86 v. 291; Rev. Stat. 1880, 64 v. 142, § 26; S. & S. 114; S. 
& C. 282.] 

37 O. S. 333. 8 C. C. 220. 1 O. D. 448. 37 W. L. B. 196. 

Sec. 3321. [Land covered by right of way not to be taxed to 
owners.] Each company owning and occupying any right of' 
way or easement in lands, either by agreement with the owners or by 
virtue of any appropriation proceeding, shall present to the auditor of 
the county in which such land is situate a statement of the quantity of 
land embraced within such right of way or easement, and such quantity 
shall be deducted by the auditor from the land on the tax duplicate, so 
that the owners thereof shall not be required to pay taxes thereon; a 
company hereafter becoming the owner and occupant of any such right 
of wav or easement shall, within six months thereafter, present such 
statement to the auditor; and upon the failure of the company to make 
such statement, the owner of the land mav make the same. [72 v. 
7i. § 8.] 

(3321—1) Sec. 1. [Posting of time of arrival of trains.] Every 
company or person operating a railroad within this state shall, imme¬ 
diately after the taking effect of this act, cause to be placed in a con¬ 
spicuous place in each passenger depot of such company, located at any 
station in this state at which there is a telegraph office, a blackboard, at 
least four feet in length and two feet in width, upon which board such 
company or person shall cause to be written, at least ten minutes before 
the schedule time for the arrival of each passenger train stopping reg¬ 
ularly upon such road at such station, the fact whether such train is on 
schedule time or not, and if late, how much. [83 v. 118.] 

(3321—2) Sec. 2. [Penalty.] That for each violation of the* 
provisions of this act, such company or person so neglecting or refusing to 
comply with the provisions of this act, shall forfeit and pay the sum of 


94 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


ten dollars ($10.00), to be recovered in a civil action in the name of the 
state of Ohio, one half of which shall go to the party commencing pro¬ 
ceedings, and the remainder shall be paid over to the treasurer of the 
township, village or city in which such proceedings are had. [83 v. 118.] 

8 C. C. 605. 1 O. D. 403. 

(3321—3) Sec. 1. [Waiting rooms at railway stations to be 
maintained.] That every person, firm or corporation operating a 
steam railroad wholly, or in part? within the state of Ohio, be required 
to provide a suitable waiting room at each station where passenger 
trains or any of them, of such road, are regularly scheduled to stop, 
for the use of the traveling public. Said waiting rooms to be maintained 
and kept as to be conducive to the health and comfort of the patrons of 
such railroad. [94 v. 231.] 

(3321—4) Sec. 2 [Duty of commissioner of railroads and tele¬ 
graphs.] Upon the written complaint of ten or more citizens of 
the state of Ohio being filed with the- said commissioner that any of 
the provisions of this act are being violated at such station the said 
commissioner shall forthwith make investigation of the same; and if 
upon such investigation it be found that such violation exists, he shall 
issue an order to the person, firm or corporation guilty of such violation, 
setting forth the nature of the improvement required and directing that 
the same be completed within a time to be specified therein. [94 v. 231.] 

(3321—5) Sec. 3. [Penalty.] Any person, firm or corporation 
failing to comply with an order of said commissioner, or any of the pro¬ 
visions of this act, shall, upon conviction therefor before a court of com¬ 
mon pleas of the county in which such violation shall occur, forfeit' and 
pay any sum not less than one hundred dollars. Such forfeiture or penalty 
to be recovered in a civil action in the name of the state of Ohio, for the 
benefit of the county in which such failure or violation shall occur; such 
action to be brought by the prosecuting attorney of the county in which the 
violation of this act occurs, at the instance of the commissioner of rail¬ 
roads and telegraphs, as provided in other cases for the recovery of pen¬ 
alties and forfeitures against railroad companies. Said prosecuting at¬ 
torney shall receive for his services ten per cent, of all fines and costs re¬ 
covered under the provisions of this act. [94 v. 231.] 

Sec. 3322. [When release of right of way papers to be recorded.] 
When-the grant of such right of way or easement is not in the form of 
a lawfully executed deed or lease, the recorder of the county where 
the land is situate shall, upon the request of the company owning such 
right of way or easement, record such grant in the record book of leases, 
and index the same; and such record, or copy thereof duly certified by 
the recorder, shall be received in evidence in all courts and places, in 
the same manner and to the same effect as the original; but the cor¬ 
rectness of such record or copy may be impeached by any interested 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


95 


party, by competent proof; and the recorder shall be entitled to the 
usual fee for recording such grants, and certifying copies thereof. [72 
v. 71, § 8.] 

Sec. 3322a. [Taxation of land used as right of way.] Any com- 
pany using or occupying any land as a right of way, without paper title 
or contract of record therefor, shall within six months after the pas¬ 
sage of this act present a correct survey and plat of such land, exhib¬ 
iting the quantity in such right of way taken from the lands of an 
owner abutting on such right of way, as it then stands on the tax 
duplicate of such county, to the auditor of the county in which such land 
is situate, who shall charge such land on his duplicate to such company, 
so used or occupied by any such company and such relative quantity 
shall be deducted by the auditor from the land on the tax duplicate, so 
that the abutting owners thereof shall not be required to pay the taxes 
thereon; and all costs of such survey, plat and transfer shall be paid by 
the company. Upon the failure of any company to have made such sur¬ 
vey, plat and transfer the owner or owners of such abutting land may 
have the same made and recover the costs thereof in an action against 
such company before any court having jurisdiction thereof. [Passed 
April 1, 1902. 95 v. 79.] 

Sec. 3323. [Must erect sign boards at road crossings.] Each 
company shall erect, at all points where its road crosses a public road, 
at a sufficient elevation from such public road to admit of the free pas¬ 
sage of vehicles of every kind, a sign, with large and distinct letters 
placed thereon, to give notice of the proximity of the railroad, and 
warn persons to be on the lookout for the locomotive; and a company 
which neglects or refuses to comply with this provision shall be liable 
in damages for all injuries which occur to persons or property from 
such neglect or refusal. [50 v. 274, § i8j S. & C. 279.] 

35 O. S. 629. 

Sec. 3324. [Railroad companies must construct fences, cross¬ 
ings and cattle-guards.] A company or person having control or 
management of a railroad shall construct, or cause to be constructed, 
and maintain in good repair on each side of such road, along the line of 
the lands of the company owning or -operating the same, a fence suf¬ 
ficient to turn stock; and when such fence is constructed out of barbed 
wire, or separate lateral strands not connected by interwoven wire, or 
cross perpendicular wire not more than fifteen inches apart, there shall 
be securely fastened to the posts, at the top of the same, at right angles 
thereto, at least one board, not less than one and one-eighth inches thick 
and five inches wide, and extending the entire length thereof; and be¬ 
fore operating such road shall cause to be maintained at every point 
where any public road, street, lane or highway used by the public, crosses 
such railroad, safe and sufficient crossings, and on each side of such 


96 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


crossings cattle-guards sufficient to prevent domestic animals from going- 
upon such railroad; and such company or person shall be liable for all 
damages sustained in person or property in any manner by reason of 
the want or insufficiency of any such fence, crossing or cattle-guard, or 
any neglect or carelessness in the construction thereof, or in keeping 
the same in repair. That provided, where any road now in process of 

construction, or any proposed road, passes through any inclosed land,, 

that the company or person having control of any such road shall, during 
the construction of the same, provide suitable crossings for the owner 
or occupant of each farm, and make and keep in repair fences along 

the line of such road through such inclosed fields, and protect any crops, 

growing thereon; and further provided, that where the company or 
person agrees, with the owner of the lands through which any railroad! 
passes, that said owner shall build and keep in repair any portion of 
the fencing, and should said fencing be destroyed or damaged by fire 
from passing trains, said company or person owning or operating such 
road shall rebuild or repair said fence, provided the property-holder 
should demand it; 

[When owner of land may construct at expense of the railroad.}! 

And provided, that if any railroad company shall fail or refuse to con¬ 
struct any fence in the manner hereinbefore provided, within six months, 
after the passage of this act, and after having received written notice 
so to do from the owner or occupant of any lands through which the 
road may pass, [that], then said owner or occupant may, after thirty 
days from the time of serving such notice upon the agent of such com¬ 
pany nearest said lands, proceed to construct the same, and the com¬ 
pany shall be liable to such person for the cost thereof. This act shall 
apply to all fences now built, as well as those hereafter constructed. [91 
v. 297; 88 v. 295; 78 v. 199; R. S. 1880; 71 v. 85, § 1; (S. & C. 331.)] 

13 O. S. 66. 3 O. S. 172. 4 O. S. 474. 22 O. S. 227. 11 O. S. 333. 26 O. S. 124. 4 O. 

S. 424. 14 O. S. 48. 24 O. S. 48. 26 O. S. 57. 26 O. S. 214. 10 O. S. 116. 21 O. S. 235. 

26 O. S. 57. 31 O. S. 265. 31 O. S. 555. 27 O. S. 341. 32 O. S. 566. 35 O. S. 147. 37 O. S. 

554. 38 O. S. 150. 38 O. S. 410. 39 O. S. 327. 40 O. S. 6. 38 O. S. 666. 40 O S 15 40 O* 

S. 173. 40 O. S. 206. 43 O. S. 270. 44 O. S. 13. 45 O. S. 11. 46 O. S. 81. 46 O S 643* 

1 C. C. 34. 1 C. C. 493. 7 C. C. 466. 5 C. C. 330. 13 C. C. 622. 2 O. D. 691. 

Sec. 3325. [When landowners may construct fence at com¬ 
pany’s expense.] If such company or person neglect or refuse to. 
construct such fence, as provided in the preceding section, the owner of 
any land abutting on the line of the land of the railroad may construct 
the fence therein provided for, so far as his land abuts on the railroad 
lands; and when he has completed the same, he may present for pay¬ 
ment, to the. agent of the company for receiving and shipping freight 
at the station nearest to the tract oi land so fenced, an itemized account 
of the expense thereof, including materials and labor; and if such com¬ 
pany or person neglect or refuse, for thirty days, to pay such account, 
such landowner may recover the reasonable cost of such fence from 



TRANSPORTATION LAWS OF THE STATE OF OHIO. 


97 


the owner of the road, in any court having jurisdiction of the same. 
[7 1 v. 85, § i; S. & C. 333]. 

31 O. S. 265. 

Under the act of April 18, 1874 (71 v. 85), an action will not lie in favor of a landownef 
against a railroad company to recover the cost of building a fence along the line of its rail¬ 
road, when the former owner of the land, for a consideration, released the right of way for' 
the railroad over the lands and agreed to build and keep up fences on both sides of the line : 
of the road; Warner v. Railroad Co., 31 O. S. 265. 

Sec. 3326. [Company to keep fence in repair.] When the fence 
is completed the company shall keep it in good repair; and if any such 
company or person permit any part of the fence on the line of its road 
to get out of repair so that it will not turn stock, the owner of the land 
abutting on the railroad lands where the fence is out of repair, may 
notify the agent of the company for receiving and shipping freight at 
the station on the road nearest to the place where the fence is out of 
repair, that a portion of the fence on the line of the road is out of repair, 
stating where, how, and the probable cost of repairing the same; and 
if such company or person fail, for twenty-four hours thereafter, to 
repair the fence, so that it will turn stock, the owner of the land may 
furnish materials and repair the same, and present to such agent, for 
payment, an itemized account of the expense thereof, including materials 
and labor, and if the same be not paid within thirty days thereafter, such 
landowner may recover from the owner of the road the reasonable ex¬ 
pense of such repairs, before any court having jurisdiction thereof. [71 
V. 85, § I.] 

Sec. 3327. [When private crossings must be built.] A person 
owning fifteen or more acres of land in one body through which any 
such railroad passes, and which is so situate that he can not use a cross¬ 
ing in a public street, road, lane or highway, in passing from his land on 
one side of the railroad to that on the other side without great inconveni¬ 
ence, the company or person operating the road shall, at the request of 
the landowner, within four months after such request, at the expense of 
such company or person, construct a good and sufficient private crossing 
across the railroad and the lands occupied by the company, between the 
two pieces of land of the landowner, to enable him to pass with a loaded 
team, and over which he shall have the privilege of passing at all times 
when such company or person is not using the railroad at the crossing, 
or so near thereto as to render crossing thereat dangerous. [71 v, 85, 
§ I-] 

3 N. P. 231. 6 O. D. 135. 

Sec. 3328. [When landowner may build it at company’s ex¬ 
pense.] If such company or person neglect, for four months after 
request by any such landowner for that purpose, to construct a good 
and sufficient private crossing as provided in the preceding section, such 
landowner may, after having given reasonable notice to the agent 

7 T. L. 


98 


TRANSPORTATION LAWS OF THE STATE OF OHIO, 


of the company for receiving and shipping freight at the station on the 
railroad'nearest to the land where it is proposed to construct such pri¬ 
vate crossing, of the time when such landowner will proceed to con¬ 
struct such crossing, enter upon the lands of the company, at any point 
lie may desire between the two pieces of his land, and construct a good 
and sufficient private crossing; and such company or person shall be 
liable to him for all the reasonable expense thereof, not exceeding the 
sum of fifty dollars, and he may recover the same in an action against 
such company or person, before any court having jurisdiction thereof. 
171 v. 85, § 1.] 

3 N. P. 231. 6 O. D. 135. 47 O. S. 431. 

Sec. 3329. [When five preceding sections do not apply.] The 

provisions of the five preceding sections relating to fences and private 
crossings shall not apply to any case in which compensation for building 
a fence or a private crossing has been or may hereafter be taken into 
consideration, and estimated as a part of the consideration to be paid 
for the right of way, so far as the fence, or right to private crossing, 
has been or may be settled or paid for; nor shall said sections be held 
to affect, in any manner, any contract or agreement between any rail¬ 
road company, or person having the control and management of a rail¬ 
road, and the proprietors or occupants of lands adjoining, for the con¬ 
struction and maintenance of fences, cattle-guards, and railroad cross- 
ings. [71 v. 85, § 1 ; 56 v. 62, § 4; S. & C. 332.] 

An unrecorded agreement between the company and a former owner, of which a pur¬ 
chaser has no notice, will not relieve the company from its obligation to build necessary 
fences: Bosworth v. Railway Co., 46 O. S. 81. 

Sec. 3330. [When company may build fence at landowner’s ex¬ 
pense.] If an owner of lands abutting on the line of the lands of 
a company, who is legally bound in any manner to build or repair the 
fence dividing his lands from the lands of the company, neglect or refuse 
to build or repair such fence within the time in which he is bound to 
build or repair the same, the company may build or repair such fence, 
and present an itemized account of the cost of labor and materials ex¬ 
pended in such construction or repair, to the person bound to build or 
repair the fence, for payment; and if the same be not settled or paid 
within thirty days thereafter, the company may recover from such person 
the reasonable cost of such labor and materials, before any court having 
jurisdiction thereof. [71 v. 85, § 1.] 

Sec. 3331. [Penalties for not constructing and repairing fences, 
etc.] A company or person having the control and management of 
a railroad neglecting or refusing to construct fences, cattle-guards, or 
public crossings, or to keep the same in repair, as prescribed in section 
thirty-three hundred and twenty-four, after thirty days’ previous notice 
or request to do the same, made in writing by any person, shall forfeit 
and pay for each and every day such company or person so refuses or 



transportation laws of the STATE OF OHIO. 


99 


neglects, any sum not exceeding fifty dollars per day, to be recovered 
in a civil action, in the name of the state, for the use of the county in 
which suit is brought. [56 v. 62, § 5 ; S. & C. 333.] 

See. 3332. [Right of landowner to use culvert, etc., for cattle- 
way.] Any owner of land through which a railroad is constructed, 
and upon which there is a culvert, water-way, or opening through the 
embankment of the railroad, of sufficient height for such porpose, may 
use such culvert, water-way, or opening, for the purpose of a stock or 
cattle-way, under the track of the road, so as to permit stock to pass and 
repass; but the landowner shall build and maintain all necessary fences 
on both sides of said opening, and shall not, by use, or otherwise, permit 
the foundations of any structures about such opening to be injured or 
interfered with. 

Sec. 3333. [Railroad crossings; how to be made; crossing of 
trains; how to be regulated; when trains may cross without stop¬ 
ping.] When the tracks of two railroads cross each other, or in 
any way connect at a common grade, the crossings shall be made and 
kept in repair and watchmen maintained thereat, at the joint expense of 
the companies owning the tracks; all trains or engines passing over such 
tracks shall come to a full stop not nearer than two hundred feet, nor 
further than eight hundred feet from the crossing, and shall not cross 
until signaled so to do by the watchman, nor until the way is clear, and 
when two passenger or freight trains approach the crossing at the same 
time, the train on the road first built shall have precedence if the tracks 
are both main tracks over which all passengers and freights on the road 
are transported; but if only one track is such main track, and the other 
is a side or depot track, the train on the main track shall take precedence; 
and if one of the trains is a passenger train and the other a freight train, 
the former shall take precedence, and regular trains on time shall take 
precedence over trains of the same grade not on time, and engines with 
cars attached not on time, shall take precedence of engines without 
cars attached not on time; provided, however, and in case such two rail¬ 
roads crossing each other, or in any way connecting at a common grade, 
shall by any works or fixtures to be erected by them render it safe to 
pass over said crossing without stopping, and such works and fixtures 
shall first be approved by the commissioner of railroads and telegraphs, 
and the plan of said works and fixtures for such crossing, designating 
the plan of crossing shall have been filed with such commissioner of rail¬ 
roads and telegraphs, then, and in that case, the provisions of said section 
thirty-three hundred and thirty-three, and the provisions of sections 
thirty-three hundred and thirty-four, thirty-three hundred and thirty- 
five shall not apply; but if such commissioner of railroads and telegraphs 
shall disapprove such plan, or fail to approve the same within twenty 
days from the filing thereof, such companies may apply in the county 
where said crossing is situated, to the court of common pleas, or to a 


100 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

judge thereof, in vacation, in the manner provided in section thirty-three- 
hundred and seventeen, and the same proceedings shall be had and with 
the same effect as provided in said last named section. [1882, April 14 l 
79 v. 95; Rev. Stat. 1880; 57 v. 106, § 1; S. & C. 372a.] 

(3333—1) Sec. 1. [Common pleas court given jurisdiction to 
ascertain and define manner in which one railroad company shall 
cross another outside the limits of a municipality.] That where it 
becomes necessary, outside the corporate limits of a city or village, for 
the track of a steam, street, electric or interurban railroad company to- 
cross the tracks of another steam, street, electric or interurban railroad 
company, unless the manner of such crossing shall be agreed to between 
such companies, it shall be the duty of the court of common pleas 01 the 
county wherein such crossing is located, or a judge thereof in vacation, 
on application of either, party, to ascertain and define by its decree the 
mode of such crossing which will inflict the least practical injury upon 
the rights of the company owning or operating the road which is inten¬ 
ded to be crossed; and, if in the judgment of such court or such judge 
thereof, it is reasonable and practicable to avoid a grade crossing, it shall 
by its process prevent a crossing at grade: but in determining the mode 
of such crossing, no grade shall be required to exceed the established 
maximum or ruling grade governing the operation by motive power of 
that division or part of the company on which the improvement is to be 
made, without the consent of the company; nor shall either company’s 
tracks be required to be placed below high water mark. The court shall, 
in its order, equitably apportion the initial expense of such construction 
or crossing and the expense of maintenance thereof among the parties 
interested. Any party feeling itself aggrieved by the decision of said 
court shall have the right of appeal as in other civil cases. [95 v. 530; 97 
v. 548.] 

(3333—2) Sec. 2. [Additional trackage.] Nothing in this act. 
shall prevent any railroad company from laying additional tracks at 
existing crossings. [97 v. 549.] 

See Sec. 3443-5 et seq. and 247 d et seq. 

30 O. S. 604. 45 O. S. 577. 

(3333 — 3) Sec. 1 a. [Common pleas court given jurisdiction to 
ascertain and define manner in which one steam railroad shall cross 
another within corporate limits.] That where it becomes necessary, 
within the corporate limits of a city or village for the track of a steam 
railroad company to cross the track of another steam railroad company 
unless the manner of such crossing shall be agreed to between such com¬ 
panies, it shall be the duty of the court of common pleas of the county 
wherein such crossing is located, or a judge thereof in vacation, on appli¬ 
cation of either party, to ascertain and define by its decree the mode of 
such crossing which will inflict the least practical injury upon the rights 
of the company owning or operating the road which is intended to be 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


101 


^crossed; and if in the judgment of such court or such judge thereof, 
it is reasonable and practicable to avoid a grade crossing, it shall by its 
process prevent a crossing at grade; but in changing the grade of any 
steam railroad, no grade shall be required to exceed the established maxi¬ 
mum or ruling grade governing the operations by engines of that division 
or part of the railroad on which the improvement is to be made, without 
the consent of the railroad company, nor shall the railroad company’s 
tracks be required to be placed below high water mark. The court shall, 
in its order, equitably apportion the initial expense of such construction 
or crossing and the expense of maintenance thereof among the parties 
interested. Any party feeling itself aggrieved by the decision of said 
court shall have the right to appeal as in other civil cases. Nothing in 
this act shall prevent any railroad company from laying additional tracks 
at existing crossings. [97 v. 538.] 

Sec. 3334. [Rules to be made and published.] The managing 
agent or superintendent of every railroad shall establish and publish to 
all the employes on the road such rules and regulations as shall, in all 
cases, secure strict compliance with the provisions of the foregoing 
section, and shall republish such rules and regulations on each time table 
or card issued to the employes on the road; if such managing agent or 
superintendent fail or neglect to establish and publish such rules and 
regulations, or to republish the same on each time table or card issued to 
the employes on the road, he shall be personally liable, for every such 
neglect or refusal, to a penalty of one hundred dollars, to be recovered, 
together with costs, in an action against him in favor of the state, to be 
brought in the court of common pleas of any county wherein any such 
crossing is; and such agent or superintendent, and the company of which 
he is agent or superintendent, shall also be liable in damages to any 
person or company injured in person or property by an accident arising 
from such failure or neglect . [57 v. 106, § 2; S. & C. 372a.] 

Sec. 3335. [Penalties for violations of section thirty-three hun¬ 
dred and thirty-three.] Every engineer or person in charge of an 
engine who wilfully fails to comply with the provisions of section thirty- 
three hundred and thirty-three or fails to bring the engine of which he 
is in charge, with the train, if any, thereto attached, to a full stop at 
least two hundred feet before arriving at any railroad crossing or con¬ 
nection, or crosses the same before signaled so to do by the watchman, 
or before the way is clear, shall be personally liable to any person injured 
by reason of such failure to a penalty of one hundred dollars, to be re¬ 
covered by civil action, at the suit of the state, in the court of common 
pleas of any county wherein such crossing or connection is; and the 
company in whose employ such engineer or person in charge of an 
engine is, as well as the person Himself, shall be liable in damages to 
any person or company injured in person or property by such neglect or 
act of such engineer or person. [71 v. 50, § 3.] 


102 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 3336. [Signals at railroad crossings.] Every company' 
shall have attached to each locomotive engine passing upon its road, a 
bell of the ordinary size in use on such engine, and a steam whistle; and 
the engineer or person in charge of an engine in motion and approach¬ 
ing a turnpike, highway, toward [town road] crossing or private cross¬ 
ing where the view of said private crossing is obstructed by embankment, 
trees, curve or any other obstruction to view, upon the same line there¬ 
with, and in like manner where the road crosses any other traveled place, 
by bridge or otherwise, shall sound such whistle at a distance of at least 
eighty and not further than one hundred rods from the place of such 
crossing, and ring such bell continuously until the engine passes such 
crossing; but the provisions of this section shall not interfere with the 
proper observance of any ordinance passed by any city or village council 
regulating the management of railroads, locomotives and steam whistles 
thereon, within the limits of such city or village. [89 v. 331; 83 v. 153 > 
R. S. 1880; 69 v. 49, § 1.] 

50 O. S. 651. 159 U. S. 603. 38 O. S. 396. 45 O. S. 125. 45 O. S. 678. 

Sec. 3337. [Penalties for violation of preceding section.] Every 
engineer or person in charge of any such engine who fails to comply 
with the provisions of the preceding section shall be personally liable 
to a penalty of not less than fifty nor more than one hundred dollars, to- 
be recovered by civil action, at the suit of the state, in the court of com¬ 
mon pleas of any county wherein any such crossing is; and the company 
in whose employ such engineer or person in charge of an engine is, as 
well as the person himself, shall be liable in damages to any person or 
company injured in person or property by such neglect or act of such 
engineer or person. [69 v. 49, § 2.] 

32 O. S. 72. 1 N. P. N. S. 493; 150 D. 35. 

( 3337 —i) Sec. 1. [Railway bridges over highways; as to piers 
or supports.] It shall be unlawful for any person, company or cor¬ 
poration owning or operating any railroad, crossing, or that may here¬ 
after cross, over and above any street, less than seventy feet in width, 
in any city in this state, at an elevation above such street, sufficient to 
permit persons to pass and repass along such street beneath such rail¬ 
road crossing, to place or cause to be placed, or to suffer or permit to 
be or remain in such street, beneath such railroad crossing or bridge, 
any pier or other stay or support for such crossing or bridge unless the 
placing and maintaining of the same be authorized by the city in which 
such crossing is situated, by ordinance duly passed, or to suffer or permit 
any such railroad crossing or bridge to be or remain in such condition. 

[Companies must provide that nothing may fall from or through 
so as endanger those traveling beneath.] That any iron, coal, or 
other hard substance, or any fluid or noissome matter, may fall or drop 
from or through any such crossing or bridge, upon persons traveling or 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 10S 

passing beneath the same; and any such person, company or corporation 
owning or operating any such railroad, failing to comply with the re¬ 
quirements of, or violating any of the provisions of this section, shall, for 
each and every day during the continuance of such failure or violation,, 
and on account thereof forfeit and pay to such city the sum of one hun¬ 
dred dollars, which may be recovered in a civil action, in the name of such 
city, against the. owner or operator of such railroad, or both, as the city 
may elect, and thereafter like recovery may be had in like manner, for 
subsequent failures and violations aforesaid. [86 v. 197; 97 v. 302.] 

( 3337 — 2 ) Sec. 2 . [Council may prohibit switching, obstructing,, 
etc.] That the city council of any city may prohibit the switching 
of freight engines, trains or cars over or on said crossing or bridge, the 
sounding of locomotive steam whistles on or near the same, and the 
standing or stopping of any railroad engine over or on the same, and 
may, by ordinance constitute the same an offense, and provide for the 
punishment of any person committing such offense. [86 v. 197.] 

(3337— 3 ) Sec. 1 . [Railway companies must build and maintain 
highway crossings, sidewalks, etc.] That all railway or railroad 
companies operating a line or lines of railway in this state, shall build 
or cause to be built, and kept in repair good and sufficient crossings over, 
or approaches to such line or lines of railway, its tracks, side-tracks and 
switches, at all points where any public highway, street, lane, avenue, 
alley, road or pike is now or may hereafter be intersected by such lines 
of railway, its tracks, side-tracks or switches. And also good and suffi¬ 
cient sidewalks on both sides of the street intersected by their roads, the 
full width of the right of way owned, claimed or occupied by them; and 
as to crossings and approaches outside of municipal corporations, the 
township trustees shall have power to fix and determine the kind and 
extent thereof, and the time and manner of constructing the same; and 
as to crossings, approaches and sidewalks within municipal corporations,, 
the municipal councils shall have and exercise the same powers as trus¬ 
tees concerning crossways and approaches outside of municipalities, and 
such crossways, approaches and sidewalks shall be constructed, repaired 
and maintained by the railroad companies as so ordered. [88 v. 261.] 

( 3337 — 4 ) Sec. 2. [Service of notice on railroad companies.] It 
shall be the duty of the officer or officers having charge of any public 
highway, street or alley intersected by any line of railway, to serve a 
written notice upon the nearest station agent or section foreman having 
charge of that portion of the railway where such intersection occurs, 
that such crossing, approach or sidewalk as herein described shall be 
built or repaired, setting forth the kind and extent thereof/and time and 
manner of constructing the same, as ordered by the council or trustees. 
[88 v. 261.] 

(3337—5) Sec. 3 . [When crossings, sidewalks, etc., must be 
completed, etc.] It shall be the duty of any railroad company so- 


104 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


notified, to comply with said notice within a period of thirty (30) days 
from and after receiving such notice, and on failure so to do, the town¬ 
ship trustees, or council, as the case may be, may cause such crossing, 
approach or sidewalk to be constructed or repaired as before ordered, and 
may recover the cost of so doing with interest thereon, in a civil action 
against the railroad company, in the name of the trustees or municipality 
as the case may be, before any court of competent jurisdiction. [88 
v. 261.] 

(3337—6) Sec. 4. [Crossings must be kept clear of snow.] It 

shall be the duty of all railway companies owning or operating any line 
of railway within the limits of the state of Ohio to, at all times, keep all 
public highways now or hereafter crossing such line of railroad, clear 
of snow, so that the same shall at all times be in a safe and convenient 
condition for travel for a distance of fifty (50) feet each way from the 
center of said railroad along such highway. [88 v. 261.] 

(3337—7) Sec. 5. [Penalties.] Any railroad company which 
shall neglect to comply with the terms of this act, shall be liable to pay 
damages to the city, village, town or township in which the highway is 
situated, in the sum of thirty ($30) dollars for such neglect, and a 
further sum of ten ($10) dollars per day for each and every day such 
railroad company fails or neglects to comply with the terms of this act, 
the same to be recovered in an action brought in the name of the city, 
village, town or township as the case may be. It is hereby made the 
duty of the prosecuting attorney of the county to prosecute to judgment 
any claim arising under the foregoing provisions, without any charge to 
the said city, village, town or township. [88 v. 261.] 

( 3337 —8) Sec. 1. [Manner of altering or abolishing grade or 
other crossing.] If the council or board of legislation of any munici¬ 
pal corporation in which any railroad or railroads, and a street or other 
public highway cross each other at grade [or] otherwise, or the. commis¬ 
sioners of any county in which, outside of any municipal corporation, a 
railroad or railroads and any public road or highway cross each other 
at grade, and the directors of the railroad company or companies are 
of the opinion that the security and convenience of the public require 
that alterations shall be made in such crossing, or in the approaches 
thereto, or in the location of the railroad or railroads or the public way, 
or any grades thereof, so as to avoid a crossing at grade, or that such 
crossing should be discontinued with or without building a new way in 
substitution therefor, and if they agree as to the alterations which should 
be made, such alterations may be made in the following manner: [90 

v. 359 -] 

( 3337 — 9 ) Sec. 2. [Resolution pertaining to such alteration or 
abolition.] When it is deemed necessary by any municipality or by 
any county to join with any railroad company or companies in the alter- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 105 

ation or abolition of any grade or other crossing, the council or board 
of legislation of the municipality, by a two-thirds vote of all the members 
elected thereto, or the commissioners of the county, by a unanimous vote 
of all the members thereof, shall, by resolution, declare such necessity 
and intent, and shall state in such resolution the manner in which the 
alterations in the crossing are to be made, giving the method of con¬ 
structing the new crossing with the grades for the railroad or railroads 
and the public way or ways; also what land or other property it is neces¬ 
sary to appropriate, and how the cost thereof shall be apportioned between 
the municipality or county and the railroad company or companies; also 
by whom the work of construction is to be done and how the cost thereof 
shall be apportioned between the municipality or county and the railroad 
company or companies. 

[Publication; notice to property owners; claims for damages.] 

Such resolution shall be published and notice of its passage given to 
owners of property abutting on the proposed improvement in the manner 
provided in section 2304 of the Revised Statutes, and all claims for 
damages by reason of such improvement must be filed in the manner 
and within the time provided by section 2315 of the Revised Statutes. 
[90 v. 359.] 

( 3337 — I0 ) Sec. 3 . [Determination as to proceeding with pro¬ 
posed improvement; ordinance or resolution upon decision to pro¬ 
ceed.] In not less than thirty nor more than ninety days after the 
passage of the resolution provided 'for in section two (2) hereof, the 
council, board of legislation or commissioners shall determine whether it 
or they will proceed with the proposed improvement or not; if it is 
decided to proceed therewith, an ordinance by the council or resolution 
by the commissioners shall be passed, which ordinance or resolution shall 
contain, in addition to the terms and conditions stated in the resolution 
under section two (2) hereof, the plans and specifications of the pro¬ 
posed alteration and improvement, also a statement of the damages 
claimed or likely to accrue by reason thereof, and how the payment 
thereof shall be apportioned between the municipality or county and the 
railroad company or companies; also who shall supervise the work of 
construction. 

[Agreement between municipality or county and railroad com¬ 
pany.] Upon the acceptance of this resolution or ordinance by reso¬ 
lution by the railroad company or companies through the directors 
thereof the same shall constitute an agreement which shall be valid and 
binding on the municipality or county and the railroad company or com¬ 
panies respectively; provided, however, that such agreement shall be 
thereupon filed in the court of common pleas of the county in which the 
crossing is located, for entry upon the records thereof; whereupon it shall 
have the same force and effect as a decree of the court. [91 v. 359.] 


106 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

( 3337 —n) Sec. 4 - [Purchase or appropriation of necessary 
land or property.] The land or property required to make the altera¬ 
tion in the street or highway necessitated by the proposed improvement, 
shall be purchased or appropriated by the municipality or county after 
the manner provided by law for the appropriation of private property 
for public use, and the land or property required to make the alteration 
in the railroad or railroads necessitated by the proposed improvement, 
shall be purchased or appropriated by the railroad company or companies 
after the manner provided for the appropriation of private property by 
such corporation. [90 v. 359.] 

(3337— 12 ) Sec. 5. [Apportionment of cost.] The cost of the 
construction of the improvement in the crossing, including the cost of 
land or property purchased or appropriated, and the paynient of dam¬ 
ages to abutting property shall be apportioned as follows: The railroad 
company or companies (if several railroads cross a public way at or near 
the same point) shall pay not less than 65 per centum of such cost, and 
the municipality or county shall pay not mare than 35 per centum of 
such cost. Within these limits the apportionment may be fixed by the 
agreement under section three (3) hereof. [90 v. 359.] 

( 3337 — 1 3) Sec. 6. [Repairs.] After the completion of the 
work, the crossing and its approaches shall be kept in repair as follows: 
When the public way crosses the railroad by an overhead bridge, the 
frame work of the bridge and its abutments shall be maintained and kept 
in repair by the railroad company, and the surface of the bridge and its 
approaches shall be maintained and kept in repair by the municipality 
or county in which the same are situated. When the public way passes 
under the railroad, the bridge and its abutments shall be maintained and 
kept in repair by the railroad company, and the public way and its ap¬ 
proaches shall be maintained and kept in repair by the municipality or 
county in which they are situated. [90 v. 359.] 

( 3337 — J 4 ) Sec. 7. [Bonds and tax.] For the purpose of rais¬ 
ing the money to pay the proportion of the cost of such improvement, 
payable by the municipality or the county, the bonds of the municipality 
or the county may be issued to the necessary amount, which bonds shall 
be of such denomination and payable at such place and times as the 
council or board of legislation, or the commissioners may determine, and 
shall bear interest not exceeding five per cent, per annum, and shall not 
be sold for less than their par value. A tax on the taxable property of 
the municipality or county not exceeding one-half mill in each year may 
be levied to pay the principal and interest of the bonds as the same may 
mature. After the completion of the improvement, a tax may be levied 
by the municipality or county to pay the cost of maintaining and keep¬ 
ing in repair that part of the work required to be maintained and kept 
in repair by it. [90 v. 359.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 107 

( 3337 — 1 5) Sec. 8. [Assessment and determination of claims for 
damages.] All claims for damages, by reason of such improvement, 
filed in accordance with the provisions of section two (2) hereof* shall 
be assessed and determined in accordance with the provisions of sections 
2316 to 2326, inclusive, of the Revised Statutes, and either before com¬ 
mencing or after the completion of the proposed improvement as the 
council or board of legislation or commissioners may decide at the time 
it is determined to proceed with the proposed improvement. [90 v. 359.] 

( 3337 — I fi) Sec. 9. [Failure of railroad company to comply with 
provisions of agreement.] In case the railroad company fails to 
comply with any provisions of any agreement entered of record in a 
court of common pleas, under this act, such court, upon the application 
of a city solicitor or prosecuting attorney, stating the nature of such 
non-compliance, may make such orders and decrees as it may deem 
proper and just to enforce the terms of the agreement and the require¬ 
ments of this act on the part of the railroad company, and to secure its 
compliance therewith, and for such purpose may, if it deem the same 
necessary, restrain and enjoin the railroad company from the use of its 
track and the operation of its railroad on and over the crossing in ques¬ 
tion, until it shall have complied with the order and decree of the court; 
provided, that nothing in this act shall be construed to exempt railroad 
companies from any obligations or liabilities under existing statutes. 
[90 V. 359.] 

(3337— 1 7) Sec. 10. [Grade crossing on county line road.] 

When any grade crossing is on a county line road, the commissioners 
of each county in which such crossing is situated may join in all the 
proceedings necessary for the abolition of such grade crossing as pro¬ 
vided in this act, and that part of the cost of making such change in the 
crossing and of keeping the same in repair which is not agreed to be 
paid by the railroad company or companies, shall be paid' by the counties 
in equal proportions, and the money for such purpose shall be raised in 
accordance with section seven (7) of this act. [90 v. 359.] 

( 3337 — I 7 a ) Sec. 1. [Grade crossings in municipalities; munici¬ 
palities may abolish.] Any municipal corporation may raise or lower, 
or cause to be raised or lowered, the grade of any street or way above 
or below any railroad tracks therein, and may require any railroad com¬ 
pany operating a railroad in such municipality to raise or lower the grade 
of its tracks and may construct ways or crossings above the tracks of any 
railroad, or require the railroad company to construct ways or crossings 
that are to be passed under its tracks, whenever, in the opinion of the 
council, board of legislation or other legislative body the raising or low¬ 
ering of the grade of any such railroad tracks, or the raising or lower¬ 
ing or construction of such ways or crossings may be necessary, upon 
the terms and conditions hereinafter set forth in this act. [95 v. 356, 
May 2, 1902.] 


108 transportation laws of the STATE OF OHIO. 

(3337—17 b) Sec. 2. [Preparation of plans and specifications by 
railroad company and city engineer.] The council, board of legisla¬ 
tion or other legislative body of any such municipality for the purpose 
of making or causing any such improvement to be made, may, by ordin¬ 
ance, require the railroad company, in co-operation with the engineer of 
such municipality, or the engineer designated in such ordinance by the 
council, board of legislation or other legislative body, to prepare and 
submit to said council, board of legislation or other legislative body, 
within six months, unless longer time is mutually agreed upon, plans 
and specifications for such improvement, specifying the grades to be 
established for the streets, and the height, character and estimated cost 
of any viaduct or any way above or below any railroad tracks, and the 
change of grade required to be made of such track, including side tracks 
and switches; but in changing the grade of any railroad, no grade shall 
be required to exceed the established maximum or ruling grade govern¬ 
ing the operations by engines of that division or part of the railroad on 
which the improvement is to be made, without the consent of the raih 
road company, nor shall the railroad company’s tracks be required to be 
placed below high water mark. 

[Preparation of such plans and specifications by city engineer 
upon refusal of railroad company to co-operate in preparation.] If 

at the expiration of said six months the railroad company shall have re¬ 
fused or failed to co-operate in the preparation of said plans ^nd specifi¬ 
cations, the engineer of such municipality, or the engineer designated 
by said council, board of legislation or other legislative body, is hereby 
empowered to prepare and submit same to said council, board of legis¬ 
lation or other legislative body, and if said plans and specifications are 
not satisfactory to said council, board of legislation or other legislative 
body and said railroad company, and cannot be made so by mutual 
agreement within a further period of three months, and in the event that 
either the municipality or the railroad corfipany shall not consent to the 
making of such improvements according to the plans and specifications 
submitted, 

[Duty of circuit court as to settlement of differences between 
railroad company and city.] Then and in that case said plans and 
specifications, together with the points of difference between the council, 
board of legislation or other legislative body and the railroad company 
may be submitted by either party to the circuit court having jurisdiction 
in the county in which said municipality is situated, which court shall, 
after examination of such plans and specifications, and after hearing the 
evidence, make a finding as to whether or not the public safety requires 
such improvement to be made, and whether or not said plans and speci¬ 
fications are reasonable and practicable; and if such court finds such 
improvement is necessary to the public safety, and that the plans are 
reasonable and practicable, the municipality shall be required to make 




TRANSPORTATION LAWS OF THE STATE OF OHIO. 109 1 

such improvements to its streets as may be necessary, and the railroad 
company be required to make the changes necessary to its tracks and 
roadbed, in order to comply with the rulings of the court; but if the 
court finds that the improvement is not necessary to the public safety, 
or that the plans and specifications are not reasonable and practicable,, 
then the improvement shall not be made upon said plans. And if more 
than one railroad company owns tracks on the crossing in question, then 
the said circuit court shall apportion the part of the expense payable by 
the railroad companies between or among the said railroad companies. 
The word “company” in this act is intended to include also the words 
“company or companies.” [95 v. 357, May 2, 1902.] 

(3337— 1 1 C ) Sec. 3. [Apportionment of cost between city and 
railroad company.] The cost of the construction of the improvement, 
authorized, including the making of ways, crossings or viaducts, above 
or below the railroad tracks, and also including the raising or lowering 
of the grades of the railroad tracks and side tracks for such distance as 
may be required by such municipality and made necessary by such im¬ 
provement, together with the cost of any land or property purchased or 
appropriated, and damages to owners of abutting property, or other 
property, shall be borne one-half by any such municipality and one-half 
by any such railroad company or companies; and any such municipality 
shall have the right of action against any such railroad company for the 
recovery of the one-half of such costs payable by such railroad company 
with interest from the time they became due; [and] any such municipality 
and railroad company may agree as to what part of such work shall be 
done by such railroad company, and also fix the amount which shall be 
allowed or credited to such railroad company for doing such work; and 
such railroad company shall be entitled to deduct from half of the cost 
of such improvement the expense and cost incurred by it in the change 
of its grade required by such municipality or made necessary by such 
improvement under such specifications, but only in case the amount of 
such cost and expense has been agreed upon in writing between the muni¬ 
cipality and the railroad company, and if the amount of work that may¬ 
be done by the railroad company, or made necessary by reason of such 
change of grade or lowering or raising its tracks, exceeds one-half of 
the cost of the improvement, then such railroad company shall have the 
right to recover the amount with interest in excess of one-half the costs 
and expenses, in an action at law against such municipality. 

[Notice of intention to make improvement.] Provided however 
that before any work shall be done which may be required in the making 
of such proposed improvement, the council, board of legislation or other 
legislative body of said municipality shall by ordinance or resolution re¬ 
quire notice of its intention to make such improvement in accordance 
with said plans and specifications to be given, after the manner provided 
by section 52 of an act entitled “An act to provide for the organization! 


110 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


of cities and incorporated villages, and to restrict their power of taxation, 
assessment, borrowing money, contracting debts, and loaning their credit, 
so as to prevent the abuse of such powers, as required by the constitution 
of Ohio, and to repeal all sections of, the Revised Statutes inconsistent 
herewith,” passed October 22, 1902, as amended April 21, 1904, to the 
owner of each piece of property abutting upon any street, highway, or 
public place, the grade of which will be changed by the said proposed 
improvement; 

[Claims for damages and judicial inquiry thereinto.] And the 

provisions of said section 52 and of section 54 of said act, as amended 
April 21, 1904, relating to th.e manner of service of notice, the filing of 
claims for damages, and the effect of failure to file such claims, shall 
apply to the notice herein provided and to all claims for damages by 
reason of the said proposed improvement, and after the expiration of 
the time provided by said section 54 of said act, as amended April 21, 
1904, for the filing of such claims, the council, board of legislation or 
other legislative body of said municipality, when claims have been filed 
within the time limited by said section, shall determine by ordinance or 
resolution whether said claims shall be judicially inquired into as herein¬ 
after provided, before commencing, or after the completion, of the said 
proposed improvement; and, thereupon, the mayor or solicitor shall 
make application for a jury, in the manner provided by section 56 of said 
act and by section 2321, Revised Statutes, to the court of common pleas, 
or to the probate court, of the county in which said municipality, or the 
larger part of it, is situated, either before commencing, or after the com¬ 
pletion, of said improvement, as the said council, board of legislation, or 
other legislative body shall determine, and all proceedings upon such 
application shall be governed by the laws relating to the applications pro¬ 
vided for by said section 56 of said act and by said section 2321, Revised 
Statutes. 

[Mode and time of payment of railroad company’s proportion of 
cost.] And the council, board of legislation, or other legislative 
body of said municipality, may by ordinance prescribe the mode and time 
or times of payment by said railroad company or companies of the pro¬ 
portion of the cost of said improvement which said railroad company or 
companies shall be required to pay. [95 v. 358; 98 v. 191.] 

( 3337 — 1 7 d) Sec. 4. [Height of viaducts.] Any way, crossing 
or viaduct so constructed over any railroad track or tracks, in any muni¬ 
cipality shall be of such height as not to be less than twenty-one feet in 
the clear from the top surface of the rails of the railroad track to the 
lowest point or projection of such overhead way, crossing or viaduct, 
unless such company shall consent to or' the circuit court order a less 
height, but in no event shall said circuit court order a less height than 
sixteen feet and three inches. [95 v. 358, May 2, 1902.] 




TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Ill 


(3337— 1 7^) Sec. 5. [How necessary land required.] The land or 
property required to make any alterations in the street or highway neces¬ 
sitated by the proposed improvement shall be purchased or appropriated 
by the municipality or company after the manner provided by law for the 
appropriation of private property for public use, and the land or property 
required to make any alteration in the railroad or railroads necessitated 
by the proposed improvement shall be purchased or appropriated by the 
railroad company or companies after the manner provided for the appro¬ 
priation of private property by such corporation; but the municipality 
shall not appropriate land held or owned by any railroad company neces¬ 
sary for the use of such railroad company in maintaining and operating 
its road. [95 v. 358, May 2, 1902.] 

( 3337—*70 Sec. 6. [Cost of maintenance, how borne.] After 
the completion of the work the crossings and the approaches shall be 
kept in repair as-follows: When the public way crosses a railroad by 
an over-head bridge, the cost of maintenance shall be borne by the muni¬ 
cipality. When the public way passes under the railroad the bridge and 
its abutments shall be kept and maintained by the railroad company, and 
the public way and its approaches shall be maintained and kept in repair 
by the municipality in which they are situated. [95 v. 359, May 2, 1902.] 

(3337— * 7 g) Sec. 7. [Bond issue to pay city’s share of such im¬ 
provement.] For the purpose of raising the money to pay the pro¬ 
portion of the cost of such improvement payable by the municipality, 
the bonds of the municipality may be issued to the necessary amount, 
which bonds shall be of such denomination and payable at such place and 
times as the council, board of legislation or other legislative body may 
determine, and shall bear interest not exceeding four per cent, per annum, 
and shall not be sold for less than their par value. 

[Tax levy.] A tax on the taxable property of the municipality 
in addition to all other levies now allowed by law may be levied to pay 
the principal and interest of the bonds as the same may mature. After 
the completion of the improvement a tax in addition to all other levies 
allowed by law may be levied by the municipality to pay the cost of main¬ 
taining and keeping in repair that part of the work required to be main¬ 
tained and kept in.repair by said municipality. [95 v. 359, May 2, 1902.] 

(3337—17A) Sec. 8. [Street railway companies to bear share of 
expense of making such improvements.] In case the track or tracks 
of any street railway company or companies within the limits of any 
municipality where the improvements authorized by this act are made 
shall cross at grade or otherwise a public street or the right of way of 
any railroad company or companies at a point where, under the plans 
and specifications provided for in this act, it has been determined to con¬ 
struct the said improvements, the municipality shall have power by ordin¬ 
ance to require such street railway company or companies to bear a fair 


112 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


and reasonable proportion of the cost assumed by said municipality irr 
the making of said improvement, not exceeding one-half the portion 
payable by said municipality; and the municipality shall have the right 
of action against any such street railway company or companies for such 
proportion of the said cost as said ordinance shall require said company 
or companies to bear, and such proportion of said costs shall be a lien upon 
all the property, both real and personal, of the said company or com¬ 
panies situated in the county in which the municipality is situated from 
and after the date of the passage of said ordinance; provided however 
that said street railway company or companies shall keep in repair at 
its or their own expense all tracts affected by such improvement and all 
construction work of whatever character which may be necessary to sup¬ 
port such tracts. And the council, board of legislation, or other legis¬ 
lative body of said municipality may by ordinance provide the mode and 
time or times of payment for the proportion of the cost of said improve¬ 
ment to be borne by said street railway company or companies. [95 v. 
359; 98 v. 192.] 

( 3337 —17/) Sec. 1. [Railroad and highway crossings shall be 
above or below grade.] Except as in this act elsewhere provided, 
all crossings, hereafter constructed, whether of highways by railroads,, 
or of railroads by highways, shall be above or below the grade thereof. 
[97 V. 546.] 

( 3337 — 1 7 ^) Sec. 2. [Railroad crossing.] Every railroad com¬ 
pany constructing a new line of railroad, under its charter powers, across 
a highway, shall construct the same above or below the grade of the 
highway, unless permitted in the manner hereinafter provided, to 
construct the same at grade; and such ‘railroad company may exercise 
the power contained in its charter and the general laws, for altering the 
grade and location of highways in order to avoid grade crossings. [97 
v. 546.] 

( 3337— 1 70 Sec. 3. [Highway crossings.] Every municipality 
or other authority hereafter constructing a highway across an existing 
railroad, shall construct the same above or below the grade thereof, 
unless permitted in the manner hereinafter provided, to construct the 
same at grade, and the cost of said work shall be paid, one-half by said 
municipality, and one-half by the railroad company owning said rail¬ 
road. [97 v. 546.] 

(3337— 17m) Sec. 4. [When such crossing may be at grade; 
common pleas court jurisdiction to determine.] Whenever it shall 
be desired by any railroad company constructing a new railroad, or by 
any municipality 4 or authority constructing a new highway that the rail¬ 
road or highway should be so constructed that the railroad and highway 
shall cross each other at the same grade, a petition shall be presented by 
the party desiring such construction to the court of common pleas of the 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 113 

county within which said crossing is situated upon ten days notice to the 
corporation owning said railroad, or to such municipality or authority, 
describing the proposed construction, and setting forth the reasons that 
are supposed to make the same necessary or desirable; and the court of 
common pleas shall thereupon have jurisdiction of the parties and the 
subject matter of such petition, and may proceed, summarily or other¬ 
wise, and upon such notice as it shall deem sufficient, to examine the 
matter, either by evidence, by reference to a master commissioner or 
otherwise; and if satisfied that such construction is reasonably required 
to accommodate the public, or to avoid excessive expense, in view of the 
small amount of traffic on the highway or railroad, or in view of the 
difficulties of other methods of construction, or for other good and suffi¬ 
cient reasons, then it shall make an order or orders permitting such cross¬ 
ing at grade to be established; and it may, in such order, in its discre¬ 
tion, prescribe that gates, signals, or other safeguards shall be main¬ 
tained by the railroad company, in addition to the signals and safeguards 
prescribed by statute, and all such orders shall be binding upon the parties 
and shall be observed by them. All costs and expenses of the proceed¬ 
ings shall be ascertained and allowed by the court of common pleas and 
shall be paid by such party as it shall decide, or by it apportioned between 
the parties, and may be collected by execution out of said court. [97 v, 

546.] 

(3337 — I 7 n ) Sec. 5. [Right of appeal.] Either party feeling 
itself aggrieved by the decision and order of said common pleas court 
shall have the right of appeal, as in other civil cases. [97 v. 547.] 

(3337 — 1 7 °) Sec. 6. [Additional tracks, switches, etc.; how con¬ 
structed.] Nothing in this act shall prevent any railroad company 
from laying additional tracks at crossings previously existing or from 
constructing switches, sidings and branch lines from their lines of rail¬ 
road now or hereafter constructed to any mill, factory, or other manu¬ 
facturing establishment, or other industrial plant, or any elevator, wharf 
or pier, or gravel, marl, or clay-bed, or any mine, or from laying addi¬ 
tional track to increase their yard facilities at terminal or other points 
across public highways at the grade thereof, but such signposts and 
signals shall be employed for the protection of such crossings as are by 
law prescribed for railroad crossings of public highways. [97 v. 547.] 

REQUIRED HEIGHTS, ETC., OF BRIDGES, ETC. 

Sec. 3337—18. [Required height of bridges, viaducts, roadways, 
wires, etc., over railroad tracks.] That all bridges, viaducts, over¬ 
head roadways or foot-bridges, wire and other structure hereafter con¬ 
structed over the track or tracks of any railroad or railroads within the 
state of Ohio, by any county, municipality, township, railroad company. 


9 T. L. 



114 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


or other private corporation or person shall be of such height as to be 
not less than twenty-one feet in the clear from the top of the rails 
of said track or tracks, to said wire and other structure or to the bottom 
of the lowest sill, girder or cross-beam, and the lowest downward pro¬ 
jection on such bridge, viaduct, overhead roadway or foot-bridge, except 
in cases where the commissioner of railroads and telegraphs shall find 
such construction is impracticable, and in every such case said commis¬ 
sioner shall file a written statement in his office setting forth the facts 
relied upon by him in making such finding; but this provision shall not 
apply to any main track. 

[Cost of change of grade and damages caused thereby.] Pro¬ 
vided, that where any bridge, viaduct, overhead roadway or foot-bridge 
over a railroad track or tracks, is rebuilt, it shall be brought under the 
provisions of this act, and in such case, if said structure is at, or in line 
of, a public street or highway, and is thus erected above the grade, of any 
such street or highway, and any cross-street or streets, the cost of 
making such street or streets, or highway or highways conform to such 
new grade, and all damages to owners of property abutting on such 
street or streets, highway or highways, because of such change of grade, 
shall be ascertained and determined, and paid as follows: Said or any 
railroad company or its assigns shall pay all costs and damages resulting, 
as aforesaid, from the raising or building of any of its bridges or struct¬ 
ures, as aforesaid, in the line of any street or highway at a greater height 
than before the passage [of] hereof; and if any such company is only 
part owner of any such structure it shall pay its proportionate share of 
the cost of such change of grade and damages. Should a railroad com¬ 
pany, or its assigns, raise the grade of its track or tracks under any of 
said structures not owned by it after the passage of this act, thereby 
causing any said bridge or structure to be put at a higher grade when 
rebuilt, said company shall pay all costs and damages as aforesaid made 
necessary thereby. [94 v. 297; 91 v. 365.] 

Sec. 3337—19. [Enforcement of act; filing of plans and specifi¬ 
cations and granting of permit.] It is hereby made the duty of the 
commissioner of railroads [and] telegraphs to. see that the provisions of 
this act are carried into effect; and every railroad company in the state 
of Ohio, public or private corporation, or person building, or permitting 
to be built, any bridge, viaduct, overhead roadway or foot-bridge, or wire 
and other structure as specified in section one of this act, shall file with 
the said commissioner plans and specifications, and first receive from 
him a permit before being allowed to proceed with said structure and the 
erection of said wire. 

[Penalty.] Any person, corporation, public or private, violating 
the provisions of this act, upon conviction before a court of competent 
jurisdiction, shall be fined any sum not less than one hundred nor more 
than one thousand dollars; and every day that said structure or wire, 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


115 


not in conformity with the provisions of this act, is permitted to remain 
shall constitute a separate offense. 

[Injunction.] The observance of the provisions of this act may 
be enforced by injunction on complaint of any person, corporation or 
board interested therein. [91 v. 365.] 

Sec. 3338. [Whole track to be of uniform gauge.] Every com¬ 
pany shall make every railroad constructed or controlled by it of one uni¬ 
form guage or width of track from end to end; when any road connects 
with or crosses any other road, the companies owning or controlling such 
roads may adopt such uniform guage or width of track as will enable 
each company to pass its cars over the road of the other; and in case 
roads so connecting or crossing are constructed of different guages .or 
widths of track, the companies controlling the same may lay down and 
maintain, upon the whole or any portion of such road or roads, an addi¬ 
tional rail or rails, so as to admit the passage of the same cars over both 
roads, and may also maintain and operate either or both of such roads, 
upon the track or tracks originally constructed, as may be deemed ex¬ 
pedient by the company or companies owning or controlling either or both 
of the roads. [63 v. 88, § 1; S. & S. 115, S. & C. 331.] 

Sec. 3339. [When tracks must be used in common.] When two 
or more companies have, in the same street, alley, public way, or opening, 
two or more tracks of the same guage, through a city or village, the 
•council of such city or village may require such companies to use such 
tracks in common, and to pass their locomotives and cars over each track 
in one direction only. [54 v. 133, § 4; S. & C. 325.] 

Sec. 3340. [When connections can be made.] \Vhen the track 
of a company crosses, connects or intersects the track of the same guage 
of another company, either company may connect the tracks of the two 
roads so crossing, connecting or intersecting so as to admit the passage 
of cars from one road to another with facility, and avoid the necessity 
of transferring freight from said car. And when the tracks of one com¬ 
pany lie contiguous to coal mines, stone quarries, manufacturing estab¬ 
lishments, elevators, warehouses, navigable waters or side tracks, suita¬ 
ble for loading or unloading, it shall be the duty of such company to 
switch the cars of other companies, at the request of such companies, or 
the shippers, over and upon the tracks so lying by such coal mines, stone 
quarries, manufacturing establishments, elevators, warehouses, navigable 
waters or side tracks,' for the purpose of unloading or loading grain or 
other freight into, or from such elevators, warehouses, boats upon said 
navigable waters, or side tracks, without demurrage for forty-eight hours. 
[88 v. 45 ; 54 v. 133. § 5 ! S. & C. 325.] 

Penalty: Sec. 3376. 

Sec. 3341. [When companies must transport cars of other com¬ 
panies.] When the tracks of two companies are connected as afore¬ 
said, either company shall, when required, transport over its road to its 


116 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

destination thereon, any freight offered, in the cars in which it is offered, 
at its local rates per mile as set forth in the company’s freight tariff for 
the distance most nearly corresponding, and [to] return the cars, with or 
without freight, without unnecessary delay. 

[Rates for switching cars of other companies.] And any com¬ 
pany owning a track or tracks lying contiguous to coal mines, stone quar¬ 
ries, manufacturing establishments, elevators, warehouses, navigable 
waters or side tracks as aforesaid, and within the proper terminal limits 
of or about any city or village, shall be entitled to receive from the com¬ 
pany whose cars are so switched, loaded and unloaded at such coal mines, 
stone quarries, manufacturing establishments, elevators, warehouses, navi¬ 
gable waters or side tracks, no more than one dollar per car for switch* 
ine one-half mile or less on such tracks; for all distances over one-half 
mile, and not exceeding two and one-half miles, such charge shall not 
exceed one dollar and fifty cents per car; and for all distances over two 
and one-half miles and not exceeding five miles, the charge shall not be 
more than two dollars per car; and for all distances of more than five 
miles the charge shall not be more than three dollars per car; and when 
such service is on the roads of two or more companies, then the aforesaid 
charges shall be divided between said companies in proportion to the 
distances of each road; provided, however, that each company shall be 
entitled to at least one dollar for such service, regardless of distance, and 
there shall be no charge for returning empty cars from said coal mines, 
stone quarries, manufacturing establishments, elevators, warehouses, nav¬ 
igable waters or side tracks; and any such company shall be entitled to 
perform the service or do the switching work, herein provided for, in 
the daytime; and whatever side tracks are now, or may hereafter be con¬ 
structed, it shall be the duty of the company to switch cars thereon at the 
rate herein specified; and the distance provided for in this section shall 
be computed from the general freight warehouse in such city or village,, 
and from the siding used for the storage of cars nearest to where they 
may be required, outside municipalities; provided, further, that nothing 
herein contained shall require any railway or railroad company now in 
operation to furnish its terminals and facilities at the rates herein named, 
to any similar company for any railroad to be built by it hereafter which 
shall not afford similar terminals and reciprocal facilities. [89 v. 369; 
88 v. 46; 54 v. 133, § 2; S. & C. 326.] 

Sec. 3342. [Ways for water must be provided.] There shall be 
constructed and kept open, along the roadbed of every railroad, except 
where the road extends through or by swamp land, by the company or 
person operating the road, ditches or drains of sufficient depth, width 
and grade to conduct to some proper outlet the water which accumulates 
along the sides of such roadbed from the construction or operation of 
such road. [66 v. 335, § 1.] 

Unconstitutional: Railroad v. Keith. 

Sup. Ct.) ; 48 W. L. B. 118; S. C. 21 C. C. 669. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


117 


Sec - 3343 - [Proceedings to enforce preceding section.] If, after 

ten days notice or request to any ticket or other agent of the company 
or person operating a railroad, to provide such drain or ditch, preferred 
by the person authorized to institute the proceedings hereinafter pro¬ 
vided for, the provisions of the foregoing section be not complied with, 
any owner or tenant of land contiguous to such railroad feeling aggrieved 
by such neglect may give notice of the fact in writing, to the probate 
judge of the county in which such neglect occurs, designating in such 
notice the place or places on such road where such drains or ditches have 
not been made; and upon receipt of such notice the probate judge shall 
appoint a commission of three disinterested freeholders of such county, 
who together with the county surveyor, shall proceed to the place desig¬ 
nated in the notice, and, if upon inspection, it is found that the provisions 
of the preceding section are not complied with, the commission or a 
majority thereof, shall report the same to such probate judge, who shall 
keep a record of such proceedings; and the probate judge shall desig¬ 
nate a time within which such ditches or drains shall be made or opened 
and shall forthwith notify the company or person operating such road, 
in writing, whose duty it shall be to make or open such ditches or drains 
within the time specified. [66 v. 335, § 2.] 

Unconstitutional: Railroad v. Keith 

Sec. 3344. [When the probate judge may let the work.] If such 
company or person neglect to comply with the notification of the pro¬ 
bate judge, he shall forthwith, by advertisement for three consecutive 
weeks, in one or more of the weekly newspapers published in such county, 
give notice that the work of making or opening the ditches or drains, 
will be let to the lowest bidder at such time and place as shall be desig¬ 
nated in the advertisement. [66 v. 335, § 3.] 

Unconstitutional: Railroad v. Keith 

Sec. 3345. [Sale of the work, and proceedings thereon.] The 

probate judge shall, at the time and place specified in the advertisement, 
sell the job or jobs of making or opening such ditches or drains to the 
lowest bidder, and take from such bidder a sufficient bond, with surety, 
for the performance thereof, and upon the completion thereof to the 
satisfaction of the probate judge, he shall give the bidder a certificate 
therefor, stating the amount due for the work; and upon presentation of 
the certificate to the auditor of the county, he shall place the amount so 
certified forthwith upon the tax duplicate of the county, against the com¬ 
pany, together with all the costs and expenses for inspection by the com¬ 
mission and surveyor, notices, advertisements, sale of work, making con¬ 
tract therefor, approval of the work, and other costs, and interest on the 
amount certified to be due for the work from the time the work is ap¬ 
proved until the amount can be collected by the treasurer of the county; 
and such tax shall be collected as other taxes, and be paid to the persons 


118 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

entitled thereto on the warrant of the county auditor on the county 
treasurer. [66 v. 335, § 4-] 

Sec. 3346. [Fees of officers in such cases.] The probate judge, 
commissioners and surveyor shall be entitled to receive for their services 
such costs, fees and expenses as are provided by law for costs, fees and 
expenses of county commissioners and others under proceedings relating 
to ditches. [66 v. 335, § 5.] 

Sec. 3347. [Movable bridge between passenger cars required.] 

Every company conveying passengers shall provide the passenger cars 
in its trains with a flexible or movable bridge or apron, of the full width 
of the opening between the railings attached to the platforms of such 
cars, with side-boards or network of strap iron or large wire, or other 
suitable material, at each side of the bridge of apron, of at least equal 
height with the ordinary railings upon the platforms, or some other ap¬ 
paratus or arrangement equally efficient to enable passengers to pass from 
car to car with safety. [68 v. 35, § 1.] 

Sec. 3348. [Penalties for violation of preceding section.] A 
company which fails to comply with the provisions of the preceding sec¬ 
tion shall be subject to a penalty of one hundred dollars for each and 
every day of such failure, to be recovered in a civil action, in the name 
of the state, and paid into the state treasury. [68 v. 35, § 2.] 

Sec. 3349. [When two preceding sections do not apply.] Noth¬ 
ing contained in the two preceding sections shall require any company 
to provide an apron or bridge between the platform of a freight car and 
the platform of the passenger car attached to a freight train. [68 v. 
35 , § 3 -] 

Sec. 3350. [Commissioner of railroads must enforce certain 
sections.] The commissioner of railroads and telegraphs shall see 
that the provisions of sections thirty-three hundred and forty-seven and 
thirty-three hundred and forty-eight are enforced. [68 v. 35, § 4.] 

Sec. 3351. [Prescribing heating apparatus for railroad cars.] 
Each railroad company in this state shall, when necessary to heat any 
of its cars for carrying passengers, mail, baggage or express matter, do 
so by a stove or heater so constructed and protected as to most effectually 
guard the passengers against the danger by fire, in case of accident by 
collision, or the cars being overturned or thrown from the track, and it 
shall be unlawful for any such company to permit any other person or 
corporation to use cars carrying passengers, mail, baggage, or express 
matter over its road unless the heating apparatus thereof shall conform 
to the requirements of this section. [1880, April 14; 77 v. 202 ; Rev. Stat. 
1880; 66 v. 94, § 1.] 

Sec. 3352 [repealed.] 

Sec. 3353. [How passenger cars to be lighted.] No passenger 
cars on any railroad shall be lighted by naptha or any illuminating oil 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 119 

fluid made in part from naptha, or wholly or in part from coal or petro¬ 
leum, or other substance or material which will ignite at a temperature 
of less than three hundred degrees Fahrenheit; and the commissioner of 
railroads and telegraphs, by himself or agent, may, at any time, enter the 
cars running on any railroad and take from any lamp therein samples of 
the oil found there, for the purpose of testing the same, and if it proves 
of a lower grade than is required by the provisions of this section, he 
shall bring suit for the penalty provided in section thirty-three hundred 
and fifty-four. [74 v. 207, § 2.] 

Sec. 3354. [Penalties for violating certain sections.] Any rail¬ 
road company refusing or neglecting to comply with the provisions of 
section three thousand three hundred and fifty-one, shall be liable to a 
penalty of not less than one hundred nor over five hundred dollars, to be 
recovered in civil action in any court of record in any county through 
which said road shall pass, in the name of the state of Ohio, for the ben¬ 
efit of the common schools of the state, to be prosecuted by the prose¬ 
cuting attorney of the proper county, at the instance of the prosecuting 
attorney or at the instance of the railroad commissioner, as provided by 
law (sec. 263, Rev. Stat.) in other cases for the recovery of penalties 
and forfeitures against railroad companies, after due notice given by such 
railroad commissioner to the president or managing officer of such delin¬ 
quent railroad company, and its neglect thereafter for a period of thirty 
days to comply with the provisions of said section; the prosecuting attor¬ 
ney to receive twenty-five (25) per cent, of all fines and costs collected 
under the provisions of this act [1880, April 14; 77 v. 202; Rev. Stat. 
1880; 66 v. 94, § 4.] 

(3354— I ) Sec. 1. [Regulating distance from station platform 
to top of lowest step on passenger cars.] That it shall be the duty 
of all railroad companies, and of all persons operating a railroad in .this 
state, on and after October 1st, after the passage of this act, to so regu¬ 
late the rise from the station floor or platform to the top of the lowest 
step on passenger cars that it shall not be necessary to rise more than 
twelve inches in one step. Where the rise in one step now exceeds twelve 
inches, the relation between said car step and the station platform or floor 
must be changed not to exceed twelve inches, or safe, portable or sta- 
tionarv steps provided that will make said rise within the required limit. 

[Penalty.] Any railroad failing to comply with the provisions 
of this act shall pay a penalty not less than $50 nor more than $500 for 
each and every violation; and it is hereby made the duty of the prosecut¬ 
ing attorney of the county in which the violation occurs, 

[Suit.] To immediately commence suit against the railroad vio¬ 
lating the same, upon the written complaint of any citizen; 

[Penalty in case of personal injury.] And in case personal in¬ 
jury results from the violation of this act, in addition to the liability for 


120 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

damages, the party in charge of the operation and management of the 
road shall be deemed to be guilty of a misdemeanor, and shall be fined 
not less than fifty dollars nor more than five hundred dollars. [89 v. 347 -] 

( 3354 — 2 ) Sec. 1. [Equipment of passenger train with fire- 
extinguishers.] That every person, company or corporation operat¬ 
ing a railroad, or railroads, in whole or in part in this state, shall be re¬ 
quired, within one year from the passage of this act, to carry, on every 
passenger train operated within and throughout this state, as a part of 
the equipment of said train, at least one portable chemical fire-extin¬ 
guisher for the purpose of protecting the lives of its passengers and em¬ 
ployes from fire, and that one portable chemical fire-extinguisher shall 
be added each year thereafter to every train operated until every passen¬ 
ger coach comprising the train of passenger cars run on any of the rail¬ 
roads of this state shall be supplied with a portable chemical fire-ex¬ 
tinguisher as a part of the equipment of said cars. 

[Limit as to cost.] Provided, that said extinguishers can be 
procured at a cost not exceeding fifteen dollars each. [92 v. 396.] 

(3354—3) Sec. 2. [Size, durability, construction, resistance and 
approval of extinguishers.] That the said fire-extinguishers shall be 
of sufficient size, durability, mechanical construction and able to with¬ 
stand such pressure as will make it an efficient fire-extinguisher, provided 
that such extinguisher shall first be approved by the commissioner of 
railroads and telegraphs and such different makes of extinguishers, as 
shall come within the requirements of this act, shall be approved by him, 
and his discretion relative to the approval thereof, shall be exercised in 
such a way as to invite and encourage the most extended competition. 
[92 V. 396.] 

(3354—4) Sec. 3. [Designation of cars on which extinguishers 
to be placed, and place and manner of attachment.] It shall be the 
duty of the commissioner of railroads and telegraphs of this state to 
designate on which car of every passenger-train the first, and every sub¬ 
sequent extinguisher shall be placed, until each coach of every train shall 
be fully supplied according to the provisions of this act. It shall be the 
duty of said commissioner of railroads and telegraphs to determine where 
in such coach said extinguisher shall be placed and how attached, but 
in all cases it shall be so attached as to be easy of access in case of emer¬ 
gency or necessity 

[Enforcement of provisions.] It is hereby made the duty of 
said commissioner of railroads and telegraphs to see that the provisions 
of this act are carried into effect. 

[Penalty for violation.] Any person, company or corporation 
mentioned in section 1 of this act, violating any of the provisions of this 
act upon conviction in any court of competent jurisdiction shall be fined 
not less than twenty-five dollars nor more than one hundred dollars, and 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 121 

♦every day that said above named person, company or corporation run 
their trains in violation of the provisions of this act shall be construed to 
constitute a separate offense. [92 v. 396.] 

( 3354 —5) Sec. 1. [Railroad companies to erect and maintain 
telegraph or telephone wires.] That every steam railway company 
operating ten miles or more of its railroad for the carrying or transpor¬ 
tation of passengers and freight over its road within this state, shall 
erect and maintain or cause to be erected and maintained in complete 
working order, for use and operation along the line of its road used for 
the carrying and transportation of passengers or freight, a telegraph or 
telephone wire, with an office and proper means for communication by 
said wire at each of its principal railway stations. 

[Unlawful for company to ask or receive compensation unless 
wires are maintained] And it shall be unlawful for any steam rail¬ 
way company operating ten miles or more of its railroad aforesaid hav¬ 
ing no telegraph or telephone wire a’long the line of its railroad, as pro¬ 
vided herein, to ask, demand or receive any compensation whatever for 
the carrying or transportation of passengers or freight over its said rail- 
oad. [93 v. 88.] 

• (3354—6) Sec. 2. [Forfeiture of charter for failing to provide 
for maintenance of wires.] The charter of any steam railway or 
steam railroad company mentioned and provided for in the first section 
of this act, failing or neglecting tp comply with the conditions of this act, 
shall be declared forfeited and shall be annulled upon or by a civil action 
brought for the purpose in the name of the state of Ohio, by the prose¬ 
cuting attorney of any county in this state, in or through which any steam 
railroad is operated; 

[Penalty for demanding or accepting compensation.] And any 

officer, agent or other person acting for or in behalf of any such steam 
railway company, who shall order, direct, advise, ask, demand or receive 
.any compensation whatever for the carrying or transportation of passen¬ 
gers or freight over its railroad by any steam railway company mentioned, 
designated, described or provided for in this act, shall be fined in any 
sum not less than one hundred dollars, nor more than five hundred dol¬ 
lars, or imprisoned in the county jail or workhouse not less than thirty 
•days, not more than ninety days, or both. [93 v. 89.] 

Sec. 3355. [When and how freight-ways may be constructed.] 
A person owning or operating a coal or iron-ore mine, stone-quarry, 
rolling mill, or machine-shop within this state, who, as a means of remov¬ 
ing the product thereof uses or desires to use a railway, may construct 
•such railway, and run cars thereon, over or under any railroad or public 
highway, the consent of the owner of the fee in the land at such crossing 
■first having been obtained; but such railway shall be so constructed as 
in no wise to impede or interfere with the running of cars or the travel 

t 

I 


122 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


upon such railroad or highway, or in any manner to injure or impair 
such railroad or highway, or any switch, building, or appurtenance con¬ 
nected therewith or belonging thereto; and when such freight-way is 
constructed over a railroad, it shall be at the height of at least eighteen 
and one-half feet in the clear above the rails of the same. [70 v. 194,. 

§ 1.] 

Sec. 3356. [When plan of freight-ways must be approved by 
commissioner.] Before any person shall construct such railway 
across a railroad, he shall submit the plan of construction to the com¬ 
missioner of railroads and telegraphs for his approval, who shall, at the 
cost of such person, for traveling expenses or otherwise, see that the 
structure shall in all respects, conform to the requirements of the pre¬ 
ceding section. [70 v. 194, § 2.] 

Sec. 3357. [How railroad scrap metal shall be sold.] No officer, 
agent or employe of a company operating a railroad, except the superin¬ 
tendent, general managing agent, or the receiver of the company, shall 
sell or dispose of worn or scrap metal or any iron, brass or other metal 
owned by the company, and all sales and barter of such scraps or other 
metals owned by a company made by any other officer, agent or employe 
than such superintendent, general managing agent or receiver, shall be 
null and void; and no such superintendent, general managing agent or 
receiver shall sell or dispose of any such scrap or other metals in quantities 
less than one ton, nor without delivering to the purchaser a bill of sale 
thereof, a copy of which shall be retained and filed in the office of such 
superintendent, managing agent or receiver. [73 v. 227, § 1.] 

Sec. 3358. [Penalties for violations of last section.] If a super- ' 
intendent, general managing agent, or receiver of any company sell 
or dispose of any railroad scrap metal in quantities less than one ton, or 
sell or dispose of such metal in any quantity without delivering a bill of 
sale thereof to the purchaser, the company which he represents shall not 
thereafter be entitled to^ the benefit of the three succeeding sections. [73. 
v. 227, § 2.] 

Sec. 3359. [What is the evidence of title to such scrap.] The 

person, company or firm, to whom is offered for sale, pledge or trade any 
worn or used links, pins, journal bearings or other worn or used and 
detached appendages of railroad equipment, or any scrap metal of iron,, 
brass or steel appertaining to such equipment or to a railroad track 
shall, before purchasing or dealing in the same, ascertain whether the 
ownership thereof is lawfully derived, by bill of sale or otherwise, from 
a company, or from the superintendent, managing agent or receiver there¬ 
of ; and in any action in which the right or title to such article of metal 
is drawn in question, the person, company or firm dealing therein, or his 
or its assignee, party to such action, shall be bound to establish and prove, 
prima facie, the title and ownership derived as aforesaid. [73 v. 227, § 3.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


123 


Sec. 3360. [When a mixture of such scrap deemed a confusion 
of goods.] If, in such action it appear prima facie, from the evidence 
on the trial, that any of the articles or metals in controversy were stolen, 
or unlawfully obtained and mixed or confused with other scrap metal, 
it shall be deemed a confusion of goods, unless the party claiming 
against the title of the company established, prima facie, a lawful title 
to the residue from or through a railroad company. [73 v. 227, § 4.] 

Sec. 3361. [Company may replevy scrap; proceedings in the 
action.] A company, by its proper officer or agent, or the receiver 
thereof, may claim to be the general owner of, and may replevy, any of 
the metals or articles mentioned in section thirty-three hundred and fifty- 
nine, and any metals with which they may have been confused as afore¬ 
said, wherever found in the possession of any person, firm or company, 
whenever there is good reason to believe that such metals or articles 
have been stolen or unlawfully taken from a railroad company or its 
receiver; and, instead of the usual' averment as to ownership, in the affi¬ 
davit for a writ of replevin, it shall be sufficient for the officer or agent 
of such company, or the receiver, to aver that he believes such metals or 
articles to have been unlawfully taken from such company or some other 
company; and the person, firm or company claiming in such action, or 
any other action, the right or title to any such metals or articles, shall 
be required to establish and prove, prima facie, a right or title thereto, 
lawfully derived as provided in the preceding sections; in the absence of 
such proof, the company or receiver claiming such metals or articles shall 
be held and considered to be the general owner thereof; but any other 
company or receiver, upon showing that any part of such metals or 
articles was unlawfully taken from it or him, shall be entitled to such 
part, upon payment of a proper share of the cost and expense of the 
replevy thereof; and if any company or its receiver, replevy any property 
under the provisions of this section without good and reasonable cause to 
believe that the same was unlawfully taken from some company or its 
receiver, such company or receiver shall be liable to the party entitled 
thereto, in any sum not exceeding double the amount of the value of the 
property so replevied, in addition to such damages as such party sus¬ 
tains thereby. [73 v. 227, § 5.] 

Sec. 3362. [Penalties for obstructing the laying of a track.] Na 

person or corporation shall wilfully interfere with or obstruct any company 
engaged in laying the track of its road across any other railroad, if such 
company has fully complied with the law and obtained the right to so lay 
its track; nor shall any person or corporation obstruct the full operation 
of any road so constructed; and the person or corporation violating the 
provisions of this section shall pay, for each day of such interference or 
obstruction, one thousand dollars, to be recovered by action in the name 
of the state, one-half of the recovery to go to the company so interfered 
with, and the other half to the county in which the interference occurs. 


124 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

and shall also be liable for damages to the party injured. [73 v. 160, 

§§ 1, 2.] 

Sec. 3363. [When and how a company may dissolve.] Any 

company which has not been in existence for a period of three years, 
and has not commenced to build the road described in its articles of in¬ 
corporation, or whose road having been commenced, has been abandoned 
for three years, may be. dissolved by a vote of two-thirds of its stock¬ 
holders, at a meeting called for that purpose by its president, notice of 
which must be published in each county through or into which the line 
of the proposed road passes at least thirty days before such meeting is 
held. [69 v. 171, §§ 1, 2.] 

Sec. 3364. [When companies must cross streams on same 
bridge.] When it becomes necessary for two or more railroads to 
cross any of the navigable waters of this state at or near the same point, 
by draw or swing bridge, the companies or persons owning or controll¬ 
ing such roads shall, if practicable, use one and the same bridge, and 
approaches thereto; and the right to use any such bridge and its approa¬ 
ches, or other similar structure, so situate and used as to make it neces¬ 
sary for the companies or persons owning or operating two or more 
roads to agree*upon a common use thereof, in order to comply with the 
provisions of this section, may, when such companies or persons can not 
so agree, be appropriated by the company or persons owning or operating 
a road for which such use is desired, in accordance with the provisions 
of law authorizing the appropriation of private property to the use of 
•corporations. [57 v. 10, § 1; S. & C. 372Z?.] 

Sec. 3365. [Proceedings to appropriate joint use of bridge.] 
The statement to be filed in such appropriation proceedings .shall, as near 
as may be, set forth the regulations according to which the joint use of 
such bridge and approaches, or other structure, shall be regulated; and 
if the reasonableness of the same, or any part thereof, be denied by the 
defendant in the procedings, the court shall hear and determine the issue, 
and enter on record its finding and order thereon, confirming or altering 
the regulations, as it may deem just and reasonable, subject to excep¬ 
tions and reversal for error by the court of common pleas, on petition 
filed for that purpose; the order of the court fixing the regulations shall 
be made before the jury is empaneled to assess the amount of compen¬ 
sation for the right sought to be appropriated; and such compensation 
shall be a sum equal to the annual value of such use, 'to be paid quarterly 
each year, in advance, while, the same continues. [57 v. 10, § 2; S. & 
C. 372c.] 

AS TO FIRES. 

(33fi5—*) Sec. i. [Requiring railway companies to use spark 
arresters, when.] Every railroad company operating a railroad 
or any portion of a railroad, wholly or partly within the state of Ohio, 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 125 ' 

shall place, or cause to be placed, on every locomotive engine used in 
operating such railroads, or constructing or repairing the same, some 
device or contrivance that will most effectually guard against the emis¬ 
sion of fire and sparks which would otherwise be thrown out by such 
engines, and such railroad companies shall keep such device or contriv¬ 
ance in good repair: Provided, that such railroad companies shall not 
be required to use such devices during the months of December, January 
and February. [82 v. 118.] 

3 c. c. 23. 

(33 6 5— 2 ) Sec. 2. [Penalty for violation of this act.] Any rail¬ 
road company or corporation violating the provisions of this act shall,, 
upon conviction thereof in any court of competent jurisdiction, forfeit and 
pay for each and every such violation any sum not exceeding one hundred 
dollars; and in addition thereto the court of common pleas, in and for 
any county through which such railroads are or may hereafter be con¬ 
structed and operated, may enjoin such railroad companies or corpora¬ 
tions from operating on such railroads, any locomotive not provided with 
the device as required by section one. [§(3365-1)] [82 v. 118.] 

10 C. C. 322. 3 O. D. 319. 

3365—3) Sec. 1. [Requiring railroad companies to keep right of 
way free from combustible material.] Every railroad company, or 
every person in charge of a railroad as manager or receiver, shall be 
required to keep the right of way of such company clear and free from 
weeds, high grass, [and] decayed timber, which from their nature and 
condition are combustible material, liable to take and communicate fire 
[s] from passing locomotives to abutting or adjacent property. And 
such company shall be liable for all damage sustained by the owner or 
occupant of abutting property from any carelessness or neglect to keep 
such right of way clear of combustible material as herein provided. [87 
v. 99.] 

(3365—4) Sec. 2. [When abutting property owner may remove, 
etc.] Any person owning or controlling property abutting or adja¬ 
cent to such railroad right of way, in case of failure to comply with the 
provisions of this act after twenty days’ notice in writing, the default still 
continuing, may cause to be removed all combustible material from the 
right of way from [of] such railroad along or by such abutting or adja¬ 
cent property and upon presentation of a reasonable account for the same 
to the agent at the nearest station of such company or receiver, and if 
such company or receiver refuses to pay the same within thirty days, the 
amount may be recovered by law, before any court having jurisdiction 
thereof. [87 v. 99.] 

(3365—5) Sec. 1. [Liability of railroad company for loss or 
damage by fire; recovery; evidence of cause.] That every railroad 
company operating a railroad or any portion of a railroad wholly or 


126 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

partially within the state of Ohio, shall be liable for all loss or damage 
by fire originating upon the land belonging to such- railroad company 
caused by operating such railroad. Such railroad company shall be 
further liable for all loss or damage by fires originating on lands adja¬ 
cent to such railroad company’s land caused in whole or in part by sparks 
from an engine passing over the line of such railroad, to be recovered 
before any court of competent jurisdiction within the county in which 
the lands on which such loss or damage occur are situated, and the exist¬ 
ence of such fires upon such railroad company’s lands shall be prima 
facie evidence that such fire was caused by operating such railroad. [91 
v. 187.] 

(3365—6) Sec. 2. [Evidence as to negligence.] That in all 

actions against any person or incorporated company for the recovery of 
damages on account of any injury to any property, whether real or per¬ 
sonal, occasioned by fire communicated by any locomotive engine, while 
upon or passing along any railroad in this state, the fact that such fire 
was so communicated, shall be taken as prima facie evidence to charge 
with negligence the corporation, or person or persons who shall, at the 
time of such injury by fire, be in the use and occupation of such railroad, 
either as owners, lessees or mortgagees, and also those who shall at such 
time have the care and management of such engine; and it shall not, in 
any case, be considered as negligence on the part of the owner or occu¬ 
pant of the property injured, that he has used the same in the manner, 
or permitted the same to be used or remained, had no railroad passed 
through or near the property so injured, except in cases of injury to 
personal property, which shall be at the time upon the property occupied 
by such railroad. [91 v. 187.] 

11 C. C. 371. 5 O. D. 168. 11 C. C. 378. 5 O. D. 171. 12 C. C. 144. 5 O. D. 451. 

(33 6 5—7) Sec. 3. [Attorney fee of party in whose favor judg¬ 
ment finally rendered.] In case either party appeal from the judg¬ 
ment of the court in which an action under this act is originally begun, 
or may carry the case to a higher court on error, the party in whose 
favor judgment is finally rendered shall have included in his bill of costs 
against the adverse party, an attorney fee of fifty dollars ($50) in case 
the appeal or error is not carried beyond the circuit court, and in case 
such appeal or error is carried to the supreme court of this state, there 
shall be an attorney fee of one hundred dollars ($100) included in his 
said bill of cost. [91 v. 187.] 

(3365—8) Sec. 4. [Application of section 2.] Section two (of 
this act[§(3365-6) ] shall apply to all cases now pending, as well as to 
those hereafter to be commenced. [91 v. 187.] 

AS TO EMPLOYES. 

(3365—9) Sec. I. [Employment of color-blind persons by rail¬ 
road companies forbidden, except; examination.] That no railroad 


127 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 

company shall hereafter contract to employ any person in a position 
which requires him to distinguish form or color signals, unless such per¬ 
son within two years next preceding has been examined for color-blind¬ 
ness in the distinct colors in actual use by such railroad company, by some 
competent person employed and paid by the railroad company, and has 
received a certificate that he is not disqualified for such position by color¬ 
blindness in the colors used by a railroad company. Every railroad com¬ 
pany shall require such employe to be re-examined at least once within 
every two years at the expense of the railroad company; provided, that 
nothing in this section shall prevent any railroad company from continu¬ 
ing in its employment any employe having defective sight, in all cases 
where such defective sight can be fully remedied by the use of glasses, 
or by other means, satisfactory to the person making such examinations. 
[85 v. 58 ; 82 v. 65.] 

(33fi5— I0 ) Sec. 2. [Penalty.] A railroad company shall be 
liable to a fine of one hundred dollars for each violation of the preceding 
section. [85 v. 58; 82 v. 65.] 

(33fi5— I]C ) Sec. 1. [Requirements as to qualifications of con¬ 
ductors, locomotive engineers and flagmen.] That it shall be unlaw¬ 
ful for any railroad company or corporation running or operating a steam 
railroad in the state of Ohio, thirty miles in length or more, and the same 
having been run and operated for three years or more, to employ any 
person in the capacity of conductor of passenger train or trains, unless 
such person has had at least two years’ experience in the position of con¬ 
ductor of either passenger, freight or construction train, within six years 
next preceding the time of such employment. It shall also be unlawful 
for any such railroad company or corporation to employ any person in 
the capacity of freight conductor, or conductor of a construction train, 
unless such person has had at least two years’ previous experience as con¬ 
ductor, for a term of two years, or has been employed as a brakeman 
for at least two years on either passenger, freight or construction trains 
within five years next preceding the time of such employment. It shall 
be unlawful for any such railroad company to employ any person in the 
capacity of locomotive engineer unless such person has had at least three 
years’ experience as locomotive fireman. It shall be unlawful for any 
such railroad company to employ any person in the capacity of flagman 
of any train or trains, unless such person shall have had at least two 
years’ experience as a brakeman on passenger, freight or construction 
trains, within five years next preceding the time of such employment. 

[Responsibility of flagmen.] And all persons employed in the 
capacity of flagmen of either freight, passenger or construction trains, 
shall be held equally responsible with the conductor for any injury re¬ 
sulting from any act of negligence or carelessness of such flagman while 
in the discharge of his duty. 


128 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


[Retention of present employes.] But nothing in this act shall 
be so construed as to prevent any such railroad company or corporation 
from retaining conductors, engineers or flagmen in its employ at the time 
of its passage. [90 v. 20; 88 v. 320.] 

Unconstitutional: C. C. C. & St. L. Ry, Co. v. State, 4 C. C. N. S., 126; 16 C. D., 348. 

(3365—12) Sec. 2. [Penalties.] Any railroad company or cor¬ 
poration knowingly violating the provisions of this act, shall be fined, 
for the first offense, not less than five hundred nor more than one thou¬ 
sand dollars, and for any subsequent offense shall be fined not less than 
one thousand nor more than fifteen hundred dollars, which shall be re¬ 
covered in a civil action in the name of the state. [88 v. 320.] 

(3365—14) Sec. 1. [Hours of service of certain railroad em¬ 
ployes limited; exception.] That any company operating a railroad 
over thirty miles in length, in whole or in part within the state, shall not 
permit or require any conductor, engineer, fireman, brakeman or any 
trainman on any train, or any telegraph operator who has worked in his 
respective capacity for fifteen consecutive hours, to again be required 
to go on duty or perform any work until he has had at least eight hours’ 
rest, except in cases of detention caused by accident, unavoidable or other¬ 
wise. 

[Day’s work; extra compensation.] Ten hours shall constitute 
a day’s work, and for every hour that any conductor, engineer, fireman,, 
brakeman or any trainman, or any telegraph operator of any company 
who works under the direction of a superior, or at the request of the 
company, shall be paid for such extra services in addition to his per diem. 
[89 v. 311; 88 v. 344; 87 v. 112.] 

8 C. C. 658. 1 O. 390. 

(3365— 1 5) Sec. 2. [Penalty.] Any railroad company or cor¬ 
poration knowingly violating any of the provisions of this act shall be 
liable to a penalty of not less than five hundred dollars ($500), nor more 
than one thousand dollars ($1,000) for the first offense, and for any sub¬ 
sequent offense,- of not less than one thousand dollars ($1,000) nor more 
than fifteen hundred dollars ($1,500), which shall be recovered in a civil 
action in the name of the state. [89 v. 311; 87 v. 112.] 

(33fi5— l6 ) Sec. 3. [Duty of railroad commissioner.] It is 
hereby made the duty of the railroad commissioner of this state to enforce 
the provisions of this act when complaint is properly filed in his office. 
[89 v. 312.] 

(33fi5— x 7 ) Sec. 1. [Railroad companies shall not employ loco¬ 
motive engineers addicted to drink.] It shall be unlawful for any 
person, company or corporation operating a railroad in whole or in part 
in this state, knowingly to suffer or permit, either directly, or by, or 
through, any representative, any person to run or operate in any capacity 
a railroad locomotive on any part of his, their or its road in this state who 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 129 

is intoxicated, or in the habit of becoming intoxicated or to knownigly 
continue the employment of any person in any such capacity, after he 
becomes or is intoxicated, while in charge of such locomotive, 

[Penalty.] And for every. violation of this section, such com¬ 
pany, person or corporation operating such road, shall forfeit and pay to 
the state of Ohio two hundred dollars to be recovered in the name of the 
state in a civil action to be prosecuted in any county through which the 
road runs, by the prosecuting attorney thereof, and he shall be entitled 
to twenty-five per cent, of the recovery and the balance shall be paid into 
the county treasury. [88 v. 429 §1.] 

(3365—17 a) Sec. 1. [Regulating employment of flagmen and 
hostlers on railroads.] That no person, firm or corporation, owning, 
operating or controlling any railr'oad, running through or within the state 
of Ohio, shall employ as flagman or hostler, or assistant hostler, within 
said state, any person who cannot read and write and speak the English 
language; but this act shall not apply to flagmen at street or highway 
crossings. [97 v. 72.] 

(3365—17b) Sec. 2. [Penalty for violation of this act.] Any 

person, firm, or corporation who shall violate the provisions of the fore¬ 
going section, shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be fined in any sum not less than five hundred dol¬ 
lars ($500), or more than one thousand dollars ($1,000). [97 v. 72.] 

(3365—18) Sec. 1. [Blocking of railway frogs, guard-rails, etc.] 
That every railroad corporation operating a railroad or part of a railroad 
in this state, shall on or before the first day of June, 1899, adjust, fill 
or block, all angles in frogs, switches and crossings on their roads in all 
yards, divisional and terminal stations where trains are made up, with 
the best known sheet steel spring guard or wrought iron appliances ap¬ 
proved by the commissioner of railroads and telegraphs. [93 v. 342; 
85 v. 105.] 

5 C. C. 433. 36 W. L. B. 63. 

(3365—19) Sec. 2. [Penalty.] Any railroad corporation failing 
to comply with the provisions of this act shall be punished by a fine of 
not less than one hundred dollars nor more than one thousand dollars. [85 
v. 105.] 

5 C. C. 433. 10 C. C. 193. 

(3365—19a) Sec. 1. [Mail cranes or live stock chutes along rail¬ 
way tracks shall not be erected so as to approach nearer than eighteen 
inches to cab of widest locomotive used on such railroad.] That no 
person, firm or corporation, owning, operating or controlling any rail¬ 
road running through or within the state of Ohio, shall erect or permit 
to be erected, place or maintain along the line of said railroad, any mail 
crane or live stock chute, any portion of which shall approach nearer than 


9 T. L. 


130 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

eighteen inches to the nearest point of contact with the cab of the widest 
locomotive that is now or hereafter may be operated or used on such 
railroad. [97 v. 274.] 

(3365 —196) Sec. 2. [Penalty.] Any person, firm or corpora¬ 
tion who shall violate the provisions of the foregoing section shall be 
deemed guilty of a misdemeanor and upon conviction thereof shall be 
fined in any sum not less than five hundred dollars ($500) nor rnore than 
one thousan dollars ($1,000). [97 v. 275.] 

Sec. 3. [When act to take effect.] This act shall take effect and 
be in force on and after July 1st, A. D. 1905. 

(3365 —20) Sec. 1. [For the protection of railroad employes.] 
That it shall be unlawful for any railroad or railway corporation or com¬ 
pany owning and operating, or operating, or that may hereafter own or 
operate a railroad in whole or in part in this state, to adopt or promulgate 
any rule or regulation for the government of its servants or employes, 
or make or enter into any contract or agreement with any person engaged 
in or about to engage in its service, in which, or by the terms of which, 
such employe in any manner, directly or indirectly, promises or agrees 
to hold such corporation or company harmless, on account of any injury 
he may receive by reason of any accident to, breakage, defect or insuffi¬ 
ciency in the cars or machinery and attachments thereto belonging, upon 
any cars so owned and operated,, or being run and. operated by such cor¬ 
poration, or company being defective, and any such rule, regulation, con¬ 
tract or agreement shall be of no effect. It shall be unlawful for any 
corporation to compel or require directly or indirectly an employe to join 
any company association whatsoever, or to withhold any part of an em¬ 
ploye’s wages or his salary for the payment of dues or assessments in 
any society or organization whatsoever, or demand or require either as a 
condition precedent to securing employment or being employed, and said 
railroad or railway company shall not discharge any employe because he 
refuses or neglects to become a member of any society or organization. 
And if any employe is discharged he may, at any time within ten days 
after receiving notice of his discharge, demand the reason of said dis¬ 
charge, and said railway or railroad company thereupon shall furnish said 
reason to said discharged employe in writing. And no railroad com¬ 
pany, insurance society or association, or other person shall demand, 
accept, require, or enteir into any contract, agreement, stipulation with 
any person about to enter, or in the employ of any railroad company 
whereby such person stipulates or agrees to surrender or waive any right 
to damage against any railroad company, thereafter arising for personal 
injury or death, or whereby he agrees to surrender or waive in case he 
asserts the same, any other right whatsoever, and all such stipulation and 
agreements shall be void, and every corporation, association or person 
violating or aiding or abetting in the violation of this section shall for 


TRANSPORTATION RAWS OF THE STATE. OF OHIO. 131 

each offense forfeit and pay to the person wronged or deprived of his 
rights hereunder the sum of not less than fifty dollars ($50) nor more 
than five hundred dollars ($500), to be recovered in a civil action. [87 
v. 149.] 

55 O. S. 497. 15 C. C. 254. 

( 33 fi 5 — 2I ) Sec. 2. [Use of defective machinery prima facie 
evidence of neglect, etc.] It shall be unlawful for any such corpo- 
ation to knowingly or negligently use or operate any car or locomotive 
that is defective, or any car or locomotive upon which the machinery or 
attachments thereto belonging are in any manner defective. If the em¬ 
ploye of any such corporation shall receive any injury by reason of any 
defect in any car or locomotive, or the machinery or attachments thereto 
belonging, owned and operated, or being run and operated by such cor¬ 
poration, such corporation shall be deemed to have had knowledge of such 
defect before and at the time such injury is so sustained, and when the 
fact of such defect shall be made to appear in the trial of any action in 
the courts of this state, brought by such employe, or his legal representa¬ 
tives, against any railroad corporation for damages, on accunt of such 
injuries so received, the same shall be prima facie evidence'of negligence 
on the part of such corporation. [87 v. 149.] 

10 C. C. 139. 8 O. D. 444. 54 O. S. 10. 58 O. S. 169. 51 O. S. 146. 12 C. C. 164-263. 

5 O. D. 353. 

(33fi5— 22 ) Sec. 3. [Superior officer and fellow servant defined.] 

That in all actions against the railroad company for personal injury to, 
or death resulting from personal injury, of any person, while in the 
employ of such company, arising from the negligence of such company 
or any of its officers or employes, it shall be held in addition to the 
liability now existing by law, that every person in the employ of such 
company, actually having power or authority to direct or control any 
other employe of such company, is not the fellow servant, but superior 
of such other employe, also that every person in the employ of such 
company having charge or control of employes in any separate branch 
or department, shall be held to be the superior and not fellow servant of 
employes in any other branch or department who have no power to 
direct or control in the branch or department in which they are employed. 
187 V. 149-] 

51 O. S. 130. 

(3365 —23a) Sec. 2. [Semi-annual reports to be made by railroad 
companies as to number of cars equipped and unequipped with auto¬ 
matic couplers.] And it shall be the duty of any railroad corpora¬ 
tion operating a railroad or part of a railroad within this state to report 
to the commissioner of railroads every six months after the passage of 
this act, until the first day of August, A. D. 1900, the number and class 
of cars in their service equipped with such automatic couplers and air 


132 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


brakes, and the number of cars not so equipped; to report upon blanks 
furnished by such commissioner. [94 v. 25; 93 v. 286.] 

INSPECTOR OF AUTOMATIC COUPLERS. 

Sec. 3365—23 b. [Inspector of automatic couplers, etc.; appoint¬ 
ment, term, vacancy, etc.] An inspector of automatic couplers, air 
brakes and automatic power brakes on railroad cars, tenders and engines 
shall be appointed by the commissioner of railroads and telegraphs within 
thirty days after this act goes into effect, who shall hold office for two 
years, unless sooner removed for cause, and until his successor is appoin¬ 
ted and qualified. At any time a vacancy occurs in the office, the com¬ 
missioner of railroads and telegraphs shall immediately fill the vacancy 
by appointment. No person is eligible to the office who is an officer or 
an employe of a railroad company or owns or is interested, directly or 
indirectly, in the stocks or bonds of any railroad company, or who has 
not had at least seven years’ experience in the transportation department 
on some line of railroad of more than thirty miles in length, operated in 
the state of Ohio. [95 v. 658.] 

Sec. 3365—23c. [Bond and oath.] Before entering on his duties, 
the inspector shall give bond to the state of Ohio in the sum of three 
thousand dollars, with two or more surities, or a bond and security 
company, acceptable to the commissioner of railroads and telegraphs, 
conditioned for the faithful performance of his duties, and shall also take 
the usual oath of office, which oath and bond with the approval of the 
commissioner endorsed thereon, shall be deposited with the secretary of 
state. [95 v. 659.] 

Sec. 3365-23 d. [Salary and expenses.] Said inspector shall be 
paid a salary of fifteen hundred dollars per year and all necessary expen¬ 
ses, not to exceed one thousand dollars in any one year, which shall be 
paid in the manner now provided by section 250-2 for the salary and 
expenses of the department of railroads and telegraphs. Provided, that 
in addition to the fifteen thousand dollars ($15,000.00) now authorized 
by said section for said department of railroads and telegraphs, there shall 
be assessed yearly in the manner and upon the corporations as provided 
in said section, the sum of two thousand five hundred dollars ($2,500.00) 
to pay the salary and expenses provided for in this act. 

[Appropriation to pay salary and expenses until assessments are 
available.] Provided further, that for the purpose of paying the 
salary and expenses provided for in this act until the assessments herein 
provided for are available, there is hereby appropriated out of any money 
in the state treasury to the credit of the general revenue fund and not 
otherwise appropriated, the sum of three thousand dollars, and that for 
the purpose of paying the salary and expenses provided for in this -act 
from the first day of August, nineteen hundred and three, to the fifteenth 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 133 

day of February, ninteen hundred and four, there is hereby appropriated 
the sum of. one thousand six hundred and five dollars, or so much thereof 
as may be paid into the state treasury pursuant to the provisions of this 
act. 

[Office with and under supervision of commissioner of railroads 
and telegraphs.] He shall have his office in the state house in the 
office of the commissioner of Railroads and Telegraphs, and shall be 
under the supervision of said commissioner. 

[Travel upon railroads free of charge.] Such inspector shall 
have the right of'passing, in the performance of his duties, upon all the 
railroads within the state, and upon all trains and any part thereof free 
of charge. [95 v. 659.] 

Sec. 3365—23c. [Duties of inspector.] It shall be the duty of 
the inspector to inspect the couplers, air brakes and automatic power 
brakes found on any road in Ohio, and make weekly reports of his 
inspection to the commissioner of railroads and telegraphs, reporting all 
cars, tender and engines, giving number of same, road on which they 
are found, and the road owning same, if known, which is found to have 
a defective coupler or brake, describing the defect. He shall also, on 
discovering a defective coupler or brake, immediately report the same 
to the superintendent of the road on which it is found and to the agent 
thereof at the nearest station, describing the defect. [95 v. 659.] 

Sec. 3365—23 f. [Penalty against company for failure to make 
repairs upon notice.] Any road whose superintendent or station 
agent shall receive such notice of a defective coupler or brake shall 
cause the same to be immediately repaired; and shall be liable in damages 
to any person injured by reason of such defective coupler or brake, for 
any injury received after the expiration of twenty-four hours after 
receiving the notice; and any such company shall be liable in damages 
by reason of any such defective appliance, for any injury received. But 
nothing herein shall be construed to diminish the existing legal liability of 
railroads for injuries to persons or property. [95 v.- 660.] 

Sec. 3365—23 g. [Power of inspector to condemn car, tender or 
engine.] Said inspector may, on the discovery of a defective coupler 
or brake on any car, tender or engine, condemn said car, tender or engine 
and order the same out of service until repaired and put in good working 
order. On receiving from the inspector an order condemning any car, 
tender or engine, the employes of the road in charge of said car, tender 
or engine shall put the same out of service at the first freight division 
terminal. [95 v. 660.] 

Sec. 3365—23 h. [Penalty for failure to comply with this act.J 

Any railroad which fails to comply with any of the provisions of this 
act shall forfeit and pay to the state of Ohio the sum of twenty-five dol¬ 
lars ($25.00) for each' day such defective coupler or brake is kept in use 


134 


transportation laws of THE STATE OF OHIO. 


contrary to the provisions hereof, to be collected in a civil suit in any 
county in the state where .service of process can be had on said road. 
It is hereby made the duty of the attorney general or the prosecuting 
attorney of any county in which such company has a line of railroad, and 
such officer shall, on request from the inspector, immediately commence 
and prosecute, without unnecessary delay, proceedings to collect said 
sum, and the sum so collected, less io per cent, fees for collecting 
same, due such officer, shall be paid to the general revenue fund of the 
state, [95 v. 660.] 

Sec. 3365-23/. [Penalty against officers of company for non- 
compliance.] Any superintendent, conductor or other officer or em¬ 
ploye of any road who shall wilfully refuse or neglect to comply with any 
of the provisions of this act shall be guilty of a misdemeanor, and on 
conviction thereof fined any sum not less than twenty-five or more than 
five hundred dollars, and be personally liable for any injuries resulting to 
any employes therefrom. [95 v. 660.] 

(3365 —24) Sec. 2. [Equipment of cars constructed or repaired 
after July 1, 1893.] Every railroad corporation operating a railroad 
or part of a railroad in this state, shall, after the first day of July, A. 
D. 1893, equip and furnish all of its cars constructed after such date 
with automatic couplers and air brakes, and all cars taken to its shops 
for general repairs after such date shall be equipped and furnished with 
automatic couplers and air brakes. Provided, that nothing herein shall 
require railroad companies to equip more than thirty per cent, of the 
cars in its freight service with air brakes, unless a larger per cent, is 
ne'cessary to provide at least twenty-five per cent, of all the cars in each 
freight train with such air brakes as aforesaid. [90 v. 184.] 

(3365—25) Sec. 3. [Equipment of engines with power-brakes.] 
Every railroad corporation operating a railroad or part of a railroad in 
this state, shall, after the first day of July, A. D. 1894, equip and furnish 
each of its engines used in the transportation of trains in this state with 
a power brake. [90 v. 184.] 

(33b5—26) Sec. 4. [Report as to equipment of cars.] And it 

shall be the duty of any railroad corporation operating a railroad or part 
of a railroad in this state, to report to the commissioner of railroads'at 
the earliest practical date after the passage of this act the number and 
class of cars in their service equipped with such automatic couplers and 
air brakes, and the number of cars not so equipped. [90 v. 184.] 

(3365—27) Sec. 5. [Penalty for non-compliance.] Any railroad 
corporation which shall fail to comply with any of the provisions of this 
act, shall forfeit and pay to the state of Ohio not less than one thousand 
dollars nor more than five thousand dollars, to be recovered in an action 
to be brought by the attorney general in the name of the state of Ohio, 
and which shall be prosecuted in acordance with the provisions of section 
210 of the Revised Statutes[90 v. 184.] - 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


135 


(3365—27a) Sec. 1. [Railroad companies required to equip loco¬ 
motives and cars with power-brakes.] That it shall be unlawful for 
any common carrier engaged in moving traffic by railroad between points 
within this state to use on its line any locomotive in moving such traffic 
not equipped with power driving wheelbrakes and appliances for opera¬ 
ting the train brake system, or to run any train in such traffic that has not 
seventy-five per centum of its cars in such train having their brakes used 
and operated by the engineer of the locomotive drawing such train, and 
all power brake cars in such train shall be associated together and have 
their brakes used and operated. The commissioner of railroads and 
telegraphs or any board or railroad commission which may by law assume 
the authority and perform the duties of the Commissioner of Railroads 
and Telegraphs, may from time to time, after full hearing and for good 
cause shown, increase the minimum percentage of cars in any train 
required to be operated by power or train brakes and failure to comply 
with any such requirements of said commissioner or commission shall be 
subject to a like penalty as failure to comply with any requirement of 
this act. [98 V.. 75 .] 

(3365 — 27b) Sec. 2. [Automatic couplers.] That it shall be 
unlawful for any such common carrier to haul, or permit to be hauled or 
used on its line, any locomotive, car, tender, or similar vehicle used in mov¬ 
ing state traffic, not equipped with couplers coupling automatically by 
impact, and which can be uncoupled, without the necessity of men going 
between the ends of the cars. [98 v. 76.] 

(3365—27 c) Sec. 3. [Grab irons.] That it shall be unlawful for 
any such common carrier to haul or permit to be hauled or used on its 
line any- locomotive, car, tender or similar vehicle used in moving state 
traffic, not provided with secure grab-irons or hand holds in the sides 
and ends thereof; each and every car used in the movement of state traffic 
shall be provided with secure sill steps on each end of each side thereof. 
[98 v. 76.] 

(3365—27 d) Sec. 4. [Drawbars.] That it shall be unlawful for 
any such common carrier to use any locomotive, tender, car, or similar 
vehicle used in the movement of state traffic, that is not provided with 
drawbars of the standard height, to-wit, standard gauge cars, 34J inches; 
narrow gauge cars, 26 inches, measured perpendicular from the level of 
the tops of the rails to the centers of the drawbars ; the maximum variation 
from such standard heights between drawbars of empty and loaded cars 
shall be three inches.. [98 v. 76.] 

(3365—27 c) Sec. 5. [May refuse to receive cars not equipped.] 
That any such common carrier may refuse to receive from connecting 
lines or from any shipper any car not equipped in accordance with the 
foregoing sections of this act. [98 v. 76.] 

(3365_27 0 Sec. 6. [Penalty for failure to comply with this act.] 

That any such common carrier using or permitting to be used or hauled 


136' transportation laws of the state OP OHIO. 

on its line any locomotive, tender, car, or similar vehicle, or train, in vio¬ 
lation of any of' the provisions of this act shall be liable to a penalty of 
One hundred dollars for each and every such violation, to be recovered 
in a suit or suits to be brought by the prosecuting attorney in the common 
pleas court of the county having jurisdiction in the locality where such 
violation shall have occurred; and it shall be the duty, of such prose¬ 
cuting attorney to bring such suits upon duly verified information being- 
lodged with him of such violation having occurred-; and it shall be the. 
duty of the commissioner of railroads and telegraphs or any board or 
railroad commission, which may by law assume the authority and per¬ 
form the duties of the Commissioner of Railroads and Telegraphs, to 
lodge with the proper prosecuting attorneys information of any such viola¬ 
tions as may come to its knowledge: provided, that nothing in this act 
contained shall apply to locomotives, tenders, cars, or trains, exclusively 
used in the movement of logs, and when the height of the drawbars on 
such locomotives, tenders, and cars does not exceed 25 inches, or to street 
cars, or to locomotives, tenders, cars, similar vehicles, or trains, while 
any of which are in actual use in interstate commerce. [98 v. 76.] 

(3365-27^) Sec. 7. [Additional penalty; contributory negli¬ 
gence.] That any employee of any such common carrier who may 
be killed or injured by any locomotive, tender, car, similar vehicle, or 
train, in use contrary to the provisions of this act, shall not be deemed 
thereby to have assumed the risk thereby occasioned, although continu¬ 
ing in the employment of such carrier after the unlawful use of such 
locomotive, tender, car, similar vehicle, or train had been brought to his 
knowledge, nor shall such employee be held to have contributed to his 
injury in any case where the carrier shall have violated any provision 
of this act, when such violation contributed to the death or injury of 
such employee. [98 v. 77.] 

(3365—27 h) Sec. 8. [Extension of time.] The commissioner of 
railroads and telegraphs or any board or railroad commission, which 
may by law assume the authority and perform the duties of the Com¬ 
missioner of Railroads ad Telegraphs, is hereby authorized to grant to 
any common carriers upon full hearing and for good cause, a reasonable 
extension of time in which to comply' with the provisions of this act: 
provided, that in no case shall such extension or extensions in the aggre¬ 
gate exceed the period of one year from the passage of_ this act. [98 
v. 77.] 

(3365—27 i) Sec. 1. [Railroad companies must equip locomotives 
with self-cleaning ash dump pans.] That any person, firm or corpo- 
ation, owning, operating or controlling any railroad running through or 
within the state of Ohio, shall in all cases where practical, cause each 
and every locomotive now in use upon such railroad, to be equipped with 
aself-cleaning ash dump pan of modern and approved pattern and design; 
and all engines or locomotives now in course of construction or that shall 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


137 


be built or constructed in the future, shall be so equipped. And in no 
case shall any engineer or fireman be compelled to go under any loco¬ 
motive for the purpose of removing ashes from the same, except in cases 
■of emergency. [98 v. 46.] 

( 33 fi 5 —277) Sec. 2. [Penalty.] Any person, or corporation who 
shall violate any of the provisions of this act shall be deemed guilty of 
a misdemeanor and upon conviction thereof shall be fined for each offense 
in any sum not less than $500 or more than $1,000. Provided, that this 
act shall not apply to any person, firm or corporation owning, operating 
or controlling any railroad or division thereof runing through or within 
this state, who do not require engineers or firemen to go under the engine 
for the •purpose of removing ashes from the same except in cases of 
'emergency. [98 v. 47.] 

(3365— 2 7 ^) Sec. 3. [Additional penalty.] Any person, firm or 
■corporation failing to comply with the provisions of this act, shall not be 
allowed to set up or make the defense of contributory negligence, or as¬ 
sumption of risk, in any action for personal injury to, or death of, any 
engineer or fireman resulting from the failure of such person, firm or 
-corporation to comply with the provisions of this act. [98 v. 47.] 

OVERHEAD WIRES. 

(33fi5—28) Sec. 1. [Overhead wires, how constructed.] That 
hereafter all telegraph, telephone, electric light or other wires of any kind 
constructed over the line of any steam railroad within the state of Ohio 
shall be put up on good substantial poles of a size not less than twelve 
inches in diameter at the bottom and not less than six inches in diameter 
at the top, and that they be set in the earth not less than one-sixth of 
their length and well tamped. 

[Cross-arms.] Double cross-arms shall be used in all cases and 
all wires shall be insulated with glass or porcelain insulators and securely 
fastened to both cross-arms. 

[Height of wires.] All wires to clear the top of the rails at least 
twenty-five feet, except in cases of trolly wire crossings, when such height, 
as may be agreed upon, is approved by the commissioner of railroads 
and telegraphs shall govern. Where there is sidestrain, poles shall be 
well guyed or braced. [93 v. 154.] 

(3365— 2 9) Sec. 2. [Duty of commissioner of railroads and tele¬ 
graphs.] It shall be the duty of the commissioner of railroads and 
telegraphs to see that the provisions of this act are enforced, and he shall 
have the power to cause the removal of any such telegraph, telephone, 
electric light or other wires hereafter constructed over any railroad within 
the state of Ohio not constructed according to the provisions of this act. 

[93 V. 154 ] 


138 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


FULL CREWS. 

(3365—30) Sec. i. [Unlawful for railroad company to run freight 
train with less than full train crew.] That it shall be unlawful for 
any railroad company in the state of Ohio, that runs more than four 
freight trains in every twenty-four hours, to run over their road, or any 
part thereof, outside of yard limits, any through freight train with less 
than a full train crew, consisting of five persons; one engineer, one fire¬ 
man, one conductor, and two brakemen except that a light engine without 
cars shall have the following crew: One engineer, one fireman, and one 
conductor or flagman when running a distance of more than twenty-five 
miles from starting point. [95 v. 337; 95 v. 522.] 

(3365—31) Sec. 2. [Penalty.] That any superintendent, or his 
assistants or other officer, or employe, of any railroad company doing 
business in the state of Ohio, who shall send out on the road, or cause 
to be sent out on any road, that runs more than four freight trains in 
twenty-four hours, any through freight train whose crew consists of less 
than those named in section one of this, act, shall be guilty of a misde¬ 
meanor, and shall be fined not less than twenty-five dollars for each 
offense, the probate courts of the several counties of this state shall have 
final jurisdiction of offenses under this act. [95 v. 337; 95 v. 522.] 

(33 6 5—33) Sec. 1. [Unlawful to run passenger train with less 
than a full train crew.] That it shall- be unlawful for any railroad 
company doing business in the state of Ohio, to run over its road, or part 
of its road outside of the yard limits, any passenger train with five cars 
or less, carrying passengers, with less than a full passenger crew, consist¬ 
ing of one engineer, one fireman, one conductor and one brakeman; for 
more than five cars, two brakemen ; and on trains of more than two cars 
/he said brakeman shall not be required to perform the duties of the bag- 
gagemaster or express agent while on the road. Provided that nothing in 
this section shall apply to trains picking up a car or cars between terminals 
in this state, or to trains propelled by electricity. [9.5 v. 343.] 

(33fi5—34) Sec. 2. [Penalty.] That any superintendent, or 
trainmaster, or their assistants, or other employe of any railroad company 
doing business in the state of Ohio, who shall send out on the road, or 
cause to be sent out on the road, outside of yard limits, any passenger 
train, whose crew consists of a less train crew than that stated in section 
one of this act, shall be guilty of a misdemeanor, and on conviction before 
any police judge, mayor or justice of the peace having jurisdiction, shall 
be fined not less than twenty-five dollars for each offense. [95. v. 343.] 

FARE AND. FREIGHT. 

Sec. 3366. [To or from points competing with the public works.] 

Every company whose line of road extends to any place in the vicinity 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 139 * 

of, or to a point of intersection with, any of the navigable canals or 
other works of internal improvement belonging to the state shall fix and 
establish a tariff of rates for the transportation of merchandise, produce 
and other property consigned to or from such place or point of inter¬ 
section, and shall not charge or receive any higher rate for transporting 
similar merchandise, produce or property over a shorter distance of its 
road than is charged or received according to such fixed tariff for trans¬ 
portation to and from such place of intersection. [50 v. 205, § 1 ; S.. 
& C. 318.] 

43 O. S. 571. 2 C. C. 305. 

Sec. 3367. [Tariff of rates to be published, and how changed.] 

Every such company shall publish its tariff of rates so established, on prop¬ 
erty consigned to and from such places or points of intersection, and 
cause the same to be kept conspicuously posted at the several business 
stations on its road; no such company, its officers or agents, shall charge 
or receive, directly or indirectly, for transporting any property consigned 
as aforesaid, any less rate than is designated on such printed card, until 
such rate is changed by an order of the board of directors of such com¬ 
pany, and at least ten days’ notice of such change given by bill or card 

to be posted as aforesaid; and no such company, its officers or agents, 

shall evade, or attempt to evade, by drawback, free warehousing, or in 
any other manner, the payment of full freightage, according to the printed 
tariff of rates, as herein provided. [50 v. 205, § 2; S. & C. 318.] 

See note to Scofield v. Railway Co., 43 O. S. 571, under § 3373. 

See note to Railway Co. v. Scofield, 2 C. C. 305, under § 3366. 

Sec. 3368. [Certain contracts inhibited.] A company whose 
road forms part of any line of railway between points common to any 
other line, shall not contract or agree with any person, or with any other 
railroad company or companies, having a road or line of roads, or form¬ 
ing a part of any line of roads, between the same points, not to carry 
freight or passengers to or from such common points, nor shall it refuse 
to receive or carry and freight or passengers brought to it to be so carried. 
[58 v. 74, § I; S. & S. II7.] 

Sec. 3369. [When trunk roads must not discriminate between 
other roads.] When any railroad is a trunk road, or in the nature 
of a trunk road, and at or near the same place connects with or is inter¬ 
sected by two or more other railroads tributary to or competing lines 
for business to or from such trunk road, or to or from points on or beyond 
the same, any company or person operating or using such trunk road shall 
transport passengers arid freight going to or coming from such tributary 
or competing roads without making any discrimination in the charges- 
therefor, directly or indirectly, for or against either of such roads; and 
the company or person owning or controlling any such trunk road, shall- 


TRANSPORTATION LAWS' OF THE STATE OF OHIO. 




ncit, Wy' lease/or 'otherwise, permit the same to be used or operated in any 
nkulnercontrary to the foregoing provision. [58 v. 74, § 2 ; S. & S. 117.] 


Sec. 3370. [Must forward freight by line named by shipper.] 

Every company shall ship all freight that comes within its control by the 
railroads over which it is ordered to be conveyed by the shipper; and any 
company whose agent knowingly diverts, or permits to be diverted, any 
freight that comes under his control from the railroad over which the 
same is ordered to be conveyed, shall forfeit and pay to the company 
from which such freight is diverted three times the amount received for 
transporting the same, and such agent shall be deemed guilty of a mis¬ 
demeanor, and upon conviction thereof shall be fined not more than one 
hundred dollars, or imprisoned in the county jail not more than thirty 
days, or both. [58 v. 74, § 3; S. & S. 117 •] 


Sec. 3371. [Preceding section may be enforced by injunction.] 

On complaint of the violation of any of the provisions of the three pre¬ 
ceding sections, by petition as in other actions, the observance of the same 
may be enforced by injunction, and the party violating the same, or any 
of them, shall be liable in damages to the person or company injured, for 
the injury sustained in consequence thereof. [58 v. 74, § 4; S. & S. H 7 -J 


Sec. 3372. [Not to discriminate between way and through 
freight.] Every company .whose line of road, or any part thereof, 
is within this state, shall so employ its rolling stock used for the trans¬ 
portation of freight as to afford as-ample facilities for the transportation 
of local and way freight, delivered to or discharged by it along its line of 
road, as it affords for the transportation of through freight, in proportion 
to the amount of its rolling stock, and shall not give facilities for transpor¬ 
tation to either class of freight in preference to the other. [60 v. 93, § 
1; S. & S. 116.] 


Sec. 3373. [Nor against points in the state.] No company or 
person owning, controlling, or operating a railroad, in whole or in part, 
within this state, shall charge or receive for transportation of freight for 
any distance within this st$&e a larger sum than is charged by the same 
company or person for the transportation in the same direction, of freight 
of the same class or kind, for an equal or greater distance over the same 
railroad and connecting lines of railroad; and every such company or 
person who violates, or permits to be violated, the provisions of this sec¬ 
tion, shall forfeit and pay to the party aggrieved a sum equal to double the 
amount of the overcharge, but in no case less than twenty-five dollars, 
and shall also for every such unlawful act, forfeit and pay to the §tate a 
penalty of not less than one hundred nor more than one thousand dollars, 
to be recovered in a civil action, brought in the name of the state, by the 
prosecuting attorney of the county wherein such offense was committed, 
as part of his official duties^ whenever complaint is made to him, and 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 141 

he is satisfied that the- provisions of this section have been violated. [69. 

V- 27 . § I-] 

43 O. S. 571. 2 C. C. 305. 

Where a lower rate is given by the railroad corporation to a favoured shipper, which is 
intended to give and necessarily gives, an exclusive monopoly to the favored shipper, the 
railroad corporation may be required to give an equal rate for all under like circumstances. 
Such a contract of discrimination cannot be upheld simply because the favoured shipper may 
furnish for shipment during the year a larger freightage in the aggregate than any other shipper, 
or more than all others combined: Scofield v. Railway Co., 43 O. S. 571. 

See note to Railway Co. v. Scofield; 2 C. C. 305, under § 3366. 

( 3373 —i) Sec. 2. [Railroad companies must furnish equal facili¬ 
ties to shippers of same class.] It shall be the duty of all railroad 
companies and of all persons operating a railroad to secure and extend to 
all persons, companies and corporations, the same and equal opportunities 
and facilities for receiving and shipping freights of all kinds, of the same 
class [and the same and equal opportunities and facilities for receiving 
and shipping freights of all kinds of the same class], that such railroad 
company or the person operating such railroad, extends to, has- used or en¬ 
joys, of and concerning freights owned by such railroad company, or the 
person operating such road or any of the officers or stockholders therein, 
or in which it, they Or either of them have any interest, 

[Liability of company to damages for violation.] And any rail¬ 
road company or person operating any railroad failing to comply with or 
observe the provisions or requirements of this section, shall be liable in a 
civil action to the party, injured for the damages sustained, but for any 
violation of this section the recovery in any such action shall be not less 
than five hundred dollars. [88 v. 429, § 2.] 

( 3373 — 2 ) Sec. 3. [Telegraph operator must send message for 
passenger delayed by accident or collision.] That in case of any 
accident to or collision between any railroad train or trains, by reason of 
which any passenger is delayed, it shall be unlawful for any telegraph 
operator, at any office on the line of such railroad, whether he is employed 
by a railroad company or a telegraph company, or both, or whether the 
office or station of which he has charge is a general commercial office, a 
railroad telegraph office only, or otherwise, to fail, neglect, or refuse on 
tender of the usual or regular charge at regular commercial offices, to 
receive from any persons so delayed any telegram tendered during that 
time for transmission, or to send the same direct, to the person and point 
designated forthwith, and without any alteration, revision or approval of 
any person. 

[Penalty.] And any such telegraph operator failing to observe 
or violating any of the provisions of this section, shall be fined not less 
than fifty dollars ($50.00), nor more than five hundred dollars ($5,00.00), 
and stand committed until the fine and costs are paid, and if such viola¬ 
tion arose from observing any order or rule of his employer, his employer 
shall repay to him such fine and costs, and the same may be recovered 
in a civil action. [88 v. 429, § 3.] 


142 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 3374. [Rates of passenger fare prescribed.] A company 
operating a railroad, in whole or in part in this state, may demand and 
receive for the transportation of passengers on its road not exceeding two 
cents per mile, for a distance of more than five miles; but the fare shall 
always be made that multiple of five nearest reached by multiplying the 
rate by the distance. [73 v. 102, § 13; S & C. 278; 98 v. 4.] 

29 O. S. 208. 23 O. S. 168. 11 O. S. 457. 23 O. S. 10. 26 O. S. 580. 29 O. S. 2U. 25 

O. S. 70. 29 O. S. 126. 26 O. S. 90. 39 O. S. 451. 41 O. S. 451. 41 O. S. 563. 45 O. S. 284. 

Sec. 3375. [Rates of freight prescribed.] Such company may 
receive for transportation of property not exceeding five cents per ton 
per mile, when the same is transported a distance of thirty miles or more, 
and in case the quantity transported is less than one ton in weight, or 
any quantity is transported a less distance than thirty miles, such reason¬ 
able rate as may be from time to time fixed by the corporation or pre¬ 
scribed by law; but until a tariff of specific rates is established by law 

for the transportation of property of such bulk that a quantity equal to the 
tonnage capacity of the car cannot be carried in it, the corporation may 
contract for space in the car sufficient to secure the safe transportation 
of such property, at a rate which shall not exceed five cents per ton per 
mile if such car were loaded to its tonnage capacity; and for the trans¬ 
portation of coal, pig-iron, limestone, iron ore, or undressed stone or 
lumber, not more than five cents per ton per mile shall be charged for any 
distance of ten miles or more, and in case the same be transported a less 
distance than ten miles, such reasonable rates as may from time to time 
be fixed by the corporation or prescribed by law; and the corporation may 
charge on such freight a reasonable rate for loading and unloading, when 
the same is in fact done by the corporation. [73 v. 102, § 13.] 

23 O. S. 10. 49 O. S. 102. 37 O. S. 321. 42 O. S. 275. 

Sec. 3375 a. [Who permitted to ride upon freight train.] Physi¬ 
cians in the discharge of their professional duties, and sheriffs and deputy 
sheriffs, in performance of their official duties, and officers and guards 
of the Ohio penitentiary and the Ohio state reformatory, in pursuit of 
escaped prisoners or returning them to their respective institutions, shall 
he permitted to ride at their own risk, and take a prisoner or prisoners 
upon freight trains, between stations where such trains stop, paying there¬ 
for the regular passenger fare. [89 v. 275; 88 v. 381; 95 v. 153; 57 
O. S. 79.] 

Sec. 3376. [Penalties for overcharging for transportation of 
passengers or freight, refusing to switch or transport cars of other 
companies, overcharging for such service, etc.] That any such com¬ 
pany which violates or permits to be violated any of the provisions of 
the two preceding sections, or of sections 3340 and 3341, or which 
demands or receives a greater sum of money for the transportation of 
passengers or property, or for the service provided for in either of said 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 143 

sections 3340 and 3341, than the sum allowed by law, shall pay to the 
party aggrieved, for every such overcharge, a sum equal to double the 
amount of the overcharge; and any officer, employe or agent of any 
such company who violates, or permits to be violated any of such pro¬ 
visions, or demands or receives such sum of money, shall be subject to 
the like penalty to the party aggrieved; but in no case shall the amount 
to be paid be less than one hundred and fifty dollars to any bona fide 
claimant using the road of such company, or demanding or receiving 
any of the service provided for in said sections 3340 and 3341, in due 
course of business. Provided that a separate action shall be brought for 
each overcharge, unless the party aggrieved give notice in writing at 
the time of such overcharge, except the first one, to the officer, agent 
or employe of such railway making or receiving such overcharge, of his 
intention to bring such action; and no judgment shall be rendered in 
•any action for the penalties herein provided, for more than one over¬ 
charge, unless such written notice shall have been given by the party 
aggrieved. [94 v. 220; 89 v. 117; R. S. of 1880; 73 v. 102 § 13.] 

37 O. S. 265. 

Sec. 3377. [When the three preceding sections do not apply.] 

The provisions of the three next proceeding sections shall not apply to 
any railroad in course of construction, and the gross earrlings of which 
are less than four thousand dollars per mile per annum, when such rail¬ 
road is not owned or operated by companies operating another railroad; 
provided, that such exemption shall not continue longer than five years 
after cars are run for the transportation of freight and passengers on 
said road. [73 v. 102, § 13.] 

Sec. 3378. [Rates of fare and freight on branch roads.] A com¬ 
pany may demand and receive for the transportation of passengers on a 
branch road a fare not exceeding six cents per mile, and for' transpor¬ 
tation of property such reasonable rate as may be from time to time 
fixed by the company or prescribed by law; but if the length of such 
branch exceeds ten miles, the charge for passengers and freight upon 
the excess shall be the same as provided by law for main lines. [69 v. 
203, § 4; S. & S. III.] 

2 C. C. 305. 

See note to Railway v. Scofield, 2 C. C. 305, under § 3366. 

Sec. 3378m [Certain contracts for sale of railroad property not 
valid against creditors or innocent purchasers unless recorded, or 
copy filed with secretary of state.] No contract of, or for the sale 
of railroad equipment, rolling stock or other personal property (to be 
used in or about the operation of any railroad), by the terms of which the 
purchase money, in whole or in part, is to be paid in the future, and 
wherein it is stipulated or conditioned that the title to the property so sold 
shall not vest in the vendee, but shall remain in the vendor until the pur- 


144 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


chase money shall have been fully paid, shall be valid against creditors- 
or innocent purchasers for value, unless recorded in the office of the 
secretary of state, or a copy thereof filed in the office of said secretary 
of state, and when said contract is so recorded, or a copy thereof so filed 
as aforesaid, the title to the property so sold, or contracted to be sold, 
shall not vest in the vendee, but shall remain in the vendor until the 
purchase money shall have been fully paid, and such stipulation or con¬ 
dition shall be and remain valid, notwithstanding the delivery of the 
property to, and its possession by such vendee. [1882, March 16; 79 
v. 45-] 

Sec. 3378 b. [In written contracts for leasing such property, par¬ 
ties may provide for conditional sale of same; parties may provide 
that the property shall remain in the lessor or vendor until purchase 
money paid.] In any written contract for the renting, leasing or 
hiring of such property (to be used as aforesaid), it shall be lawful to 
stipulate or provide for a conditional sale of such property at the termi¬ 
nation of such renting, leasing or hiring, and to stipulate or provide that 
the rental reserved shall, as paid, or when paid in full, be applied to 
and treated as purchase money; and in such contract it shall be lawful 
to stipulate or provide that the title to such property shall remain in the 
lessor or vendor until the purchase money shall have been fully paid,, 
notwithstanding delivery to and possession by the other party; subject 
however, to the requirement as to recording or filing contained in the 
foregoing section of this act. [1882, March 16; 79 v. 46.] 

Sec. 3378c. [Secretary of state to file contracts; his fees, etc.] 
The secretary of state, when so requested and upon being paid the proper 
fees, shall record any such contract, and shall file in his office a copy of 
any such contract, when the same shall be delivered to him for that pur¬ 
pose, and for every such copy so filed he shall be entitled to receive one 
dollar. [1882, March 16; 79 v. 46.] 

Sec. 3378 d. [Construing application of foregoing sections.] The 
provisions of the foregoing sections three thousand three hundred and 
seventy-eight (a), three thousand three hundred and seventy-eight ( b ), 
and three thousand three hundred and seventy-eight (c), shall extend 
and apply, not only to contracts made with a railroad company, as vendee 
or lessee, but also to all contracts which may be made with any corpora¬ 
tion, company or person, as vendee or lessee, by which any such corpora¬ 
tion, company or person shall undertake to purchase, rent, lease or hire 
any railroad equipment, cars, rolling stock or other personal property, 
designed for use on, or in connection with, a railroad or railroads, in this 
or other states. [1889, April 12 ; 86 v. 255.] 

(337 8 — J ) Se c. 1. [Authorizing railway companies to issue stor¬ 
age or warehouse certificates.] That any railway company, organized 
under the laws of this state, upon the receipt of iron ore or grain or 
other* merchandise from any vessel, water-craft or other source for 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


145 


storage and deposit, duly consigned to said company may, upon the 
request or demand of the owner or owners of said ore, grain or other 
merchandise, and with the written consent of the consignee, issued to 
the owner or owners of said ore, grain or other merchandise, a certificate, 
receipt or voucher, which certificate, receipt or voucher, shall name the 
railway company by whom said ore or grain or other merchandise is 
held at the time said certificate, receipt or voucher is issued to whom said 
ore, grain or other merchandise was consigned, the quantity held by said 
company, and so near as may be the quality or grade thereof, but not 
incurring any liability for the grade or quality, which certificate, receipt 
•or voucher shall be signed by the president or vice president of said 
•company, and countersigned by the general agent of said company ap¬ 
pointed for that purpose, or such other officers as may be appointed by 
said railway company, and shall be transferable and negotiable by in¬ 
dorsement thereon, by the person or persons to whose order the same is 
made payable. That on the presentation, of said certificate, receipt or 
'voucher, so endorsed to said railway company at its general offices, [by] 
the holder or holders thereof and on demand, the said railway company 
:shall deliver to said holder or holders, the iron ore or grain or other 
merchandise so described therein, on the payment by such person or per¬ 
sons to said railway company [of] all proper charges thereon. [86 v. 52.] 

(3378—2) Sec. 1. [Bicycle as baggage.] That hereafter for the 
purposes herein specified, bicycles, with or without lanterns or tool-boxes 
attached, are declared to be baggage, and shall he transported as baggage 
dor passengers, by all railroad companies operating in this state, and be sub¬ 
ject to the same charges and liabilities as other baggage, and no passenger 
shall be required to crate, cover or otherwise protect any such bicycle; 
provided, however, that a railroad corporation shall not be required to 
transport, under the provisions of this act, more than one bicycle for a 
•single person. [93 v. 24; 92 v. 372.] 

(2378—3) Sec. 1. [Railroad companies required to furnish bills 
of lading; effect of such receipt.] All railroad companies operating 
any line of railway in the state of Ohio, upon demand of any person or 
corporation desiring to ship goods or merchandise of any kind in car 
lots, at am- railway station or shipping point in the state of Ohio, shall 
count or check the packages composing each lot or car load, and furnish 
to the shipper of such goods a receipt or hill of lading, specifying the 
number of packages shipped in each car ; and such receipt shall bind 
the railroad company so executing the same to deliver the same number 
of packages so specified at the place of destination named in such bill 
«of lading. [91 v. 207.] 

(3378—4) Sec. 2. [Penalty.] Any railroad company, or any 
;agent or officer thereof, refusing to comply with the provisions of this 


10 T. L. 


146 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


act shall be liable to a penalty of fifty dollars, to be recovered by civil 
action against the railroad company by which such agent or officer is 
employed, or to which company such goods are offered for shipment. 
[91 v. 207.] 

CONSOLIDATION OF RAILROADS. 

Sec. 3379. [When companies whose roads are in the state 
may consolidate.] When the lines of road of any railroad com¬ 
panies in this state or any portion of such lines, have been or are being 
so constructed as to admit the passage of burthen or passenger cars over 
any two or more of such roads continuously, without break or inter¬ 
ruption, such companies may consolidate themselves into a single com¬ 
pany. [74 v. 71, § 1 ; S. & C. 280.] 

26 O. S. 86-223. 37 o. S. 590. 

Sec. 3380. [Consolidation of domestic with foreign railway cor¬ 
poration.] A company organized in this state for the purpose of 
constructing, owning and operating a line of railway, or whose line of 
road is made or is in process of construction to the boundary line of 
this state, or to any point either in or out of the state, may consolidate its- 
capital stock with the capital stock of any company in an adjoining state, 
organized for a like purpose, and whose line of road has been projected, 
constructed or is in process of construction to the .same point where the 
several roads so united and constructed will form a continuous line for 
the passage of cars; and roads running, or to be constructed to the bank 
of a river which is not bridged, or to the tracks and property of a union 
depot company, the use of which is enjoyed by either of the companies 
so proposed to be consolidated, shall be held to be continuous under this- 
section. [1885, April 22; 82 v. 150; Rev. Stat. 1880; 74 v. 71, § 1;. 
S. & C. 280; S. & C. 327 ; 1890, April t 8 ; 87 v. 219.] 

Sec. 338 o</. [Consolidation of railroad compianies.] Any rail¬ 
road company formed by the consolidation of a company or companies 
of this state with a company or companies of another state or states, may 
make a further consolidation with a company or companies of another 
state or states owning a continuous and connected, but not parallel or 
competing lines. The constituent companies shall have power to fix by 
the agreement for such consolidation the terms and conditions upon which 
the same shall be made, which terms and conditions may include the pay¬ 
ment or retirement of the preferred stock of either or any of the con¬ 
stituent companies, if they have such; and in case the new company shall 
issue preferred stock, the par value of the shares thereof may be fixed 
by the agreement of consolidation, or by the resolution for the issue 
thereof without regard to the par value of shares of the common stock 
of such company. [95 v. 354.] 

Sec. 3381. [Proceedings to effect such consolidation.] The con¬ 
solidation shall be made under the conditions and restrictions following: 



TRANSPORTATION LAWS OF THE STATE OF OHIO. 


147 


1. The directors of the several companies may enter into a joint 
agreement, under the corporate seal of each company, for the consolida¬ 
tion of the companies, and prescribing the terms and conditions thereof, 
the mode of carrying* the same into effect, the name of the new company, 
the number of directors and other officers thereof, and their places of res¬ 
idence, the amount of the capital stock of the new company agreed upon, 
the number of shares of capital stock, the amount of each share, and the 
manner of converting the capital stock of each of the constituent com¬ 
panies into that of the new company, with such other details as they may 
deem necessary to perfect the new organization and the consolidation of 
the companies. 

2. The agreement shall be submitted to the stockholders of each 
of the companies, at a meeting thereof called separately for the purpose 
of taking the same into consideration; due notice of the time and place 
of holding such meeting, and the object thereof, shall be. given by written 
or printed notices addressed to each of the persons in whose names the 
capital stock of the companies stands on the book thereof, and also by a. 
like notice published in some newspaper in the city or town where such 
company has its principal office or place of business; provided, that in: 
case all the stockholders are present at such meeting, in person or by* 
proxy, such notice may be waived in writing. At the meeting of 
stockholders the agreement of the directors shall be considered, and a vote 
by ballot taken for the adoption or rejection of the same, each share of 
stock on which has been paid all the installments called for by the board 
of directors, entitling the holder thereof to one vote; the ballots shall be 
cast in person or by proxy, and if two-thirds of all the votes cast at the 
meeting be for the adoption of the agreement, that fact shall be certified 
thereon by the secretary of each of the companies, and the agreement so 
adopted, or a certified copy thereof, shall be filed in the office of the sec¬ 
retary of state. And all consolidation agreements heretofore entered into 
and ratified by such companies substantially in manner as in this section 
prescribed, shall be as valid as if entered into and ratified by virtue of 
this section. [1885, April 22; 82 v. 150; Rev. Stat. 1880; 74 v. 71, § 2; 
S. & C. 280; S. & C. 327.] 

For laws providing for the cure of defects in consolidation agreements (79 v. 126; 84 v_ 
8 ; 84 v. 29, see §§ 8516-23 , 8516-24 , 8516-25.) 

A certificate made by the directors of consolidating railroad companies, under § 3381 of the- 
Rveised Statutes, which fails to show any place of residence of the directors of the new com¬ 
pany, is fatally defective. State v. Vanderbilt, 37 O. S. 590. 

Sec. 3382. [Effect of agreement to consolidate.] When the 
agreement is made and perfected, as provided in the preceding section,, 
and the same or a copy thereof filed with the secretary of state, the several 
companies parties thereto shall be deemed and taken to be one company,, 
possessing within this state all the rights, privileges and franchises, and 


148 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

subject to all the restrictions, disabilities and duties of a railroad company. 
153 v. 143. § 3 ; S. & C. 327.] 

See Sec. 148a. 

153 U. S. 436. 26 O. S. 86. 95 U. S. 319. 26 O. S. 223-241. 114 U. S. 595. 49 O. S. 504. 

50 O. S. 405. 

(3382—1) Sec. 1. [Defects in consolidation agreements; how 
cured; proviso.] That in all cases where the agreement for the con¬ 
solidation of railroad companies heretofore filed in the office of the sec¬ 
retary of state, is defective, by reason of the omission of a statement either 
of the number of the directors or other officers, or their places of resi¬ 
dence,. or the number of shares of capital 'stock, as required in such 
agreement, by the laws of this state, such defect may be cured by filing, 
in the office of the secretary of state, a certificate signed by the president 
and the secretary of the consolidated company named in such agreement 
under its corporate seal, setting forth such omitted statements, which 
shall thereupon be considered a part of the agreement of consolidation 
the same as if originally incorporated therein, and said agreement and all 
rights, remedies, powers, duties and acts thereunder be construed accord¬ 
ingly, and the said agreement and certificate, and copies thereof, duly 
certified bv the secretary of state, shall be held and received in all courts 
and other places as constituting the agreement of the consolidation of 
such companies to all intents and purposes, as if no such omission or defect 
had ever existed in such agreement; provided, that nothing in this act 
shall impair the rights of any person- or corporation acquired prior to the 
passage of this act. [79 v. 126.] 

(3382—2) Sec. 1. [Authorizing the curing of defects in the con¬ 
solidation of certain railway companies; proviso.] That in all cases 
where the agreement or certified copy thereof, for the consolidation of 
railroad companies, heretofore filed in the office of the secretary of state, 
is defective, by reason of the omission of a statement of the place of res¬ 
idence of the directors and the number and places of residence of the 
other officers, as required in such agreement by the laws of this state, 
but when in pursuance to such agreement an election of directors has been 
had, and other officers have been elected or appointed, all such defects 
in said agreement, arid any defect in the certificates thereon, mav be cured 
by filing in the office of the secretary of state a copy of the proceedings 
of said election, duly certified by the secretary of said company to be such 
copy under the corporate seal of such company, and a certificate signed 
by the president and secretary of the consolidated company named in such 
agreement under its corporate seal, setting out the places of residences 
respectively of the directors first elected, and of the officers first elected, 
or appointed, at the time they were so first elected or appointed, as well as 
their residences respectively at the time of the filing of the certificates 
last above mentioned, which shall thereupon be considered a part of the 
agreement of consolidation, the same as if originally incorporated therein; 



TRANSPORTATION LAWS OF THE STATE OF OHIO. 


149 


and upon filing - said certified copy of said proceedings and certificate, all 
such defects existing prior to the filing of said certified copy of said pro¬ 
ceedings and certificates shall he cured, and the several acts of said com¬ 
pany shall he held valid, and the said agreement and all rights, remedies, 
powers, duties arid acts thereunder he construed accordingly, and the said 
agreement, proceedings and certificates and copies thereof, duly certified 
by the secretary of state, shall he held and received in all courts and other 
places as constituting the agreement of consolidation of such companies 
to all intents and purposes as if no omission had ever existed in such 
agreement or the certificate thereto. Provided, that nothing in this act 
shall impair the rights of any person, firm or corporation acquired prior 
to the passage of this act. [84 v. 3.] 

(3382—3) Sec. 1 a. [Authorizing the curing of defects in certain 
railway consolidation agreements; proviso.] That in all cases where 
the agreement, or a certified copy thereof, for the consolidation of railroad 
companies, heretofore filed in the office of the secretary of state, states the 
number of shares of the capital stock of the new company and the amount 
of each share, but is defective by reason of the omission of a statement 
of the amount of the capital stock of the new company agreed upon, as 
required by the laws of this state in such agreement, such defect may be 
cured, by filing in the office of the Secretary of state a certificate, signed 
by the secretary of such consolidated company, under its corporate seal, 
setting out the amount of the capital stock of the new company agreed 
upon, which shall he ascertained by multiplying the number of shares 
of capital stock named in said agreement by the amount of each share 
named in said agreement in dollars, as shown in the original agreement 
or the certified copy thereof filed in the office of the secretary of state, 
and which said certificate shall thereupon be considered a part of the 
agreement of consolidation the same as if originally incorporated therein; 
and upon filing said certificate such defect shall be cured, and such con¬ 
solidation and the several acts of said company shall be held valid, and 
the said agreement and all rights, remedies, powers, duties and acts there¬ 
under be construed accordingly; and certified copies of the said certifi¬ 
cate and the agreement of consolidation, duly certified by the secretary 
of state, shall be held and received in all courts and other places as con¬ 
stituting the agreement of consolidation of such companies, to all intents 
and purposes as if no omission or defect had ever existed in such agree¬ 
ment. Provided, that nothing in this act shall impair the rights of any 
person, firm or corporation acquired prior to the passage of this act. [84 
v. 29.] 

Sec. 3383. [Election of directors of consolidated company.] The 

stockholders at the meeting called to‘take into consideration the agree¬ 
ment, shall, after the adoption of the same, appoint a time and place for 
the election of the directors and other officers of the new company, notice 
of which shall be given by the secretary of each of the companies in some 


loO 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


newspaper printed, or of general circulation at the place of the principal 
office of each company, at least three weeks previous thereto; provided, 
that if at such meeting all the stockholders of the constituent companies 
are present, either in person or by proxy, they may, in writing or by 
resolution, waive such notice, and consent to hold such meeting and 
election at any time, which election shall be conducted in such manner as 
may be prescribed by the stockholders at such meeting. [1885, April 22; 
82 v. 150; Rev. Stat. 1880; 53 v. 143, § 4; S. & C. 328.] 

37 O .S. 640. 

Sec. 3384. [Property of the old companies vests in the new.] 

Upon the election of the first board of directors of the company created 
by the agreement of consolidation, all and singular the rights, privileges 
and franchises of each of the companies to the agreement, and all the prop ¬ 
erty, real-, personal and mixed, and debts due on account of subscrip¬ 
tions of stock, or other things in action, shall be deemed to be transferred 
to and vested in such new company, without further act or deed; all prop¬ 
erty, rights of way, and other interests, shall be as effectually the prop¬ 
erty of the new company as they were of the companies parties to the 
agreement; the title to real estate, either by deed, gift, grant, or by ap¬ 
propriation under the laws of this state, shall not be deemed to revert or 
be impaired by reason of the consolidation ; but all rights of creditors, 
and all liens upon the- property of either of such companies, shall be 
preserved unimpaired, and the respective companies may be deemed to 
be in existence to preserve the same; and all debts, liabilities and duties 
of either of said companies, shall thenceforth attach to the new company, 
and be enforced against it to the same extent, as if such debts, liabilities 
and duties had been contracted by it. [53 v. 143, § 5 ; S. & C. 328.] 

45 O. S. 592. 45 O. S. 556. 50 O. S. 405. 7 W. L. B. 187. 114 U. S. 595. 

As to rights of bondholders of the old companies, and the liability of the consolidated 
company to such bondholders, see Compton v. Railroad Co., 45 O. S. 592. 

See note to Railroad Co. v. Hinsdale, 45 O. S. 556, under §§ 3300, 3409. 

Consolidated company liable for tort of original company: Railroad Co. v. Fullbright (Ham. 
Dist. Court), W. L. B. 187. 

The liability imposed by statute upoa the new corporation for the debts of the old ones 
is the same as that of the old ones, neither greater nor less. The provisions of this section 
clearly distinguish debts secured by lien from debts not so secured and indicate no intention 
to create a new lien in favor of creditors who before had none, but simply to preserve to each 
class of creditors the rights belonging to it before the consolidation: Wabash, St. Louis & 
Pacific Railroad Co. v. Ham. 114 U. S; Supreme Court, 595. 

Sec. 3384a. [Consolidated companies may dispose of stock and 
bonds acquired by consolidation.] That any consolidated railroad 
company formed by the consolidation of a railroad company or companies 
created by or existing under the laws of this state and any other state or 
states, with a railroad company or companies of this date or any other 
state, may take, hold, pledge or otherwise dispose of under such terms 
and agreements as the board of directors of such consolidated railroad 
company may prescribe, the stock and bonds of any other company ac¬ 
quired upon consolidation or received by virtue of any purchase or "lease 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


151 


or operating contract heretofore or hereafter made or executed, and may 
maintain and operate any railroad purchased under authority of law, and 
may lease or contract to operate any part or all of a railroad constructed 
or in the course of construction by another company of this state, or of any 
other state, if the line of road covered by such lease or operating contract 
is connected with the line of road of such consolidated railroad company, 
upon such terms as may be agreed upon between the companies. [1890, 
April 11; 87 v. 183.] 

Sec. 33846. [Consolidated company may issue its own stock in 
lieu of purchase money.] Whenever any consolidated railroad com¬ 
pany described in the next preceding section of this act, is in possession 
•of or operating in connection with or extension of its own railroad line 
or lines, any other railroads or railroad in this state or in any other state 
or states under any purchase, conveyance, lease, contract or agreement, 
such consolidated railroad company may take a surrender or transfer 
of the whole or any part of the capital stock of the company conveying, 
leasing* or owning such railroad, from any one or more stockholder or 
stockholders, and issue in exchange therefor the like additional amount 
of its own capital stock at par, or on such other terms and conditions 
as may be agreed upon by the directors of the consolidated railroad com¬ 
pany ; and whenever the whole of said capital stock shall have been so 
surrendered or transferred, and a certificate thereof filed in the office of 
the secretary of state, under the common seal of the consolidated railroad 
company to whom such surrender or transfer shall have been made, the 
estate, property, rights, privileges and franchises of the said company 
whose stocks shall have been so surrendered or transferred, shall there¬ 
upon vest in and be held and enjoyed by the said consolidated railroad 
company to whom such surrender or transfer shall have been made, as 
fully and entirely, and without change or diminution, as the same were 
before held and enjoyed, and be managed and controlled by the board of 
directors of the said consolidated railroad, company to whom such sur¬ 
render or transfer of the said stock shall have been made, and the two com¬ 
panies shall thenceforth be consolidated and be one company under the 
corporate name of such consolidated railroad company, without any other 
formalities or proceedings whatever; but nothing herein contained shall 
relieve the said consolidated [railroad] company from paying the fee speci¬ 
fied in paragraphs two (2) and three (3) of section 148a of the Revised 
Statutes, as amended February 12, 1889. The rights of any stockholder 
not so surrendering or transferring his stock, shall not be in any way 
affected hereby, nor shall existing liabilities or the rights of creditors of 
the company, where stock shall have been so surrendered or transferred be 
in any way affected or impaired by the provisions of this section. [1890, 
April 11 ; 87 v. 183.] 

153 U. S. 436. 


152 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 3385. [Principal office.] The new company shall, as soon: 
as convenient after the consolidation, establish a principal office at some 
point in this state on the line of its road, and may change the same at 
pleasure; but public notice of such establishment or change shall be given 
in some newspaper. Hut this section and the other laws of this state re¬ 
specting the residence of directors of corporations and the keeping of a 
principal or general office and the records of corporations, shall not apply 
to consolidated railroad companies formed by the consolidation of a rail¬ 
road companv or companies created by or existing under the laws of this- 
state and any other state or states, with a railroad company or companies 
of this state or of any other state; and the election for directors- 
of such consolidated railroad companies may be held at the principal 
office of the company, whether located in this state or in any other state,, 
under the laws of which the said consolidated railroad company may have 
been created; provided, however, that at least two of the directors of such 
consolidated railroad company shall lie residents of this state, and that a 
general office of the company shall be maintained at some place within 
this state, of which notice shall he given as aforesaid. | 1890, April 11 ; 
87 v. 183.] 

Sec. 3386. [Actions against new company.] Suits may be 
brought and maintained against the new company in the courts of this 
state, for all causes of action, in the same manner as against other com¬ 
panies. [53 v. T43, § 7; S. & C. 328.]' 

Sec. 3387. [Taxation of road partly in this state.] That portion 
of the road of such consolidated company in this state, and all its real 
and personal property, shall be listed for taxation and taxed in the same 
manner as the road and property of other railroad companies in this state; 
and to ascertain the proportion of the rolling machinery subject to taxation 
in this state, the officer listing the same shall ascertain the value of all 
the rolling machinery of the company, and return a sum bearing such a 
proportion to the value of the whole, as the length of the line of such 
road in this state bears to the fe'ngth of the whole line. | 53 v. 143, §’ 
8: S. & C. 328.] 

46 O. S. 153. 

Sec. 3388. [Stockholder refusing to consolidate shall be paid 
highest market value of stock, etc.] A stockholder who refuses to 
convert his stock into the stock of the consolidated companv. shall be 
paid the highest market value of such stock at any time within two years 
next preceding the time of the making of such agreement for consolida¬ 
tion by the directors, if, previous to such consolidation, he so require; 
and if a stockholder so refusing to consolidate, and the board of directors- 
of the company desiring to consolidate cannot agree as to the value of 
such stock, 

[Arbitration of value of stock.] The parties may submit the 



TRANSPORTATION LAWS OF THE STATE OF OHIO. 


153 . 


question to arbitration, which arbitration shall be conducted in accord¬ 
ance with the law regulating arbitration; so far as the same may be appli¬ 
cable, by three disinterested persons, to be appointed upon the motion of 
either of the parties by the judge of the probate court of the county in 
which the person owning the stock resides, or, in case he is a non-resi¬ 
dent of any county through or into which the road passes, then in the 
county in which the principal office of the company is kept. 

[Proceedings when stockholder refuses to arbitrate.] If the per¬ 
son so refusing to convert his stock refuses to submit the question to 
arbitration, the probate judge, upon the application of either of the com¬ 
panies desiring to consolidate, shall appoint the arbitrators, who shall pro¬ 
ceed to ascertain the value of the stock, the same as if the question had 
been submitted by the consent of both parties; 

[Deposit of award.] And if the party owning the stock refuses 
to receive the amount awarded in any case, the company may deposit the 
same with the probate court of the county in which the arbitration is held, 
which deposit shall authorize the parties to proceed to consolidate .without 
further payment to such stockholder. 

[Preferred stock.] Provided, however, if the agreement of con¬ 
solidation provide that the preferred stock of the consolidated companies, 
or either of them, shall become and be the preferred stock of the consol¬ 
idated company upon the same terms and conditions as those upon which 
it was issued, then this section shall not apply thereto. [89 v. 88; 87 v. 
159; 53 V. 143, § 10; S. & C. 329.] 

50 O. S. 405. 

Sec. 3388(7. [Application of preceding section in consolidation 
of domestic with foreign corporation.] In all cases of consolidation 
provided for in section 3380 of the Revised Statutes, the provisions of 
the section hereby supplemented shall apply only to stockholders of com¬ 
panies created and organized under the laws of this state, and not to 
stockholders of any corporation organized or existing under the laws 
of any other state or states, it being the intention that the rights of stock¬ 
holders of such companies shall be determined by the law of such other 
state or states. [89 v. 88.] 

Sec. 3390. [Notice to be given of application for such appoint¬ 
ment.] In all such cases of arbitration the party desiring the arbi¬ 
tration shall give the opposite party at least ten -days’ notice of his inten¬ 
tion to apply to the judge for the appointment of arbitrators, which notice 
shall be served in the same manner as is provided for the service of a 
l summons, and shall specify the time and place of the hearing of the ap- 
plcation ; and in cases of non-residents the notice shall be by publication, 
for four consecutive weeks, in some newspaper printed in the county. [53 
V. 143. § 11 ; S. & C. 329.] 


164 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 3391. [Effect of the agreement of consolidation as evi¬ 
dence.] A copy of the agreement and act of consolidation, duly 
■certified by the secretary of state, shall be received in the courts of this 
state as prima facie evidence of the existence of the several companies 
parties to the agreement, prior to and at the time of the execution of the 
agreement, of the consolidation of the companies, as specified in the agree¬ 
ment, that such consolidation was authorized by the law of the several 
states within which the several companies were chartered, and into which 
the consolidated road extends, and of all and singular the facts, state¬ 
ments and covenants set forth and recited in the agreement and act of 
■consolidation, and in the certificates indorsed thereon. [55 v * 8 , § 1; S. 
& C. 329.] 

Sec. 3392. [In actions against new company certain proof dis¬ 
pensed with.] It shall not be necessary to produce or prove the 
charters of the companies to such consolidation, the laws of the several 
states under and by virtue of which such consolidation was effected, or 
the original articles of consolidation, in any suit brought to charge such 
•consolidated company with any liability of either of the companies parties 
to the act of consolidation, any law or custom to the contrary notwith¬ 
standing. [55 v. 8, § 2; S. & C. 330.] 

(339 2 —1) Sec. 1. [Two or more companies owning a railroad 
may make division of interest and dispose of same.] That in case 
two or more railroad companies, being the owners in common of the whole 
or any part of a railroad situated within this state, and by reason of in¬ 
equality in the amount of business done thereon by each company, require 
a different degree and extent of improvement and development of the 
same, it shall be lawful for such companies to enter into any arrangement 
that may be agreed upon between them for enlarging, improving, devel¬ 
oping or increasing the facilities of such railroad or any part thereof; 
and in pursuance of such agreement, or otherwise, to make such division 
of the railroad and appurtenances so owned in common, and to execute 
and deliver each to the other, or to any other railroad company having 
authority to purchase the same, such deed or deeds of conveyance for tne 
whole or any part of such railroad, as may be agreed upon between such 
companies; provided, nothing herein contained shall impair the lawful 
lien of any creditor upon the railroad which may be conveyed as afore¬ 
said. [80 v. III.] 

(339 2 — 2 ) Sec. 2. [Proceedings when such companies cannot 
agree upon division.] In case such companies shall be unable to 
agree upon an equitable plan for improving and developing, or for the 
division and sale of the railroad and appurtenances or any part thereof 
so owned in common, it shall be lawful for either company from time 
to time to file with the commissioner of railroads and telegraphs a state¬ 
ment, under the seal of such company, of the character and estimated cost 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 155 

of any addition to, or change in the nature of the road-bed, the right 
of way, main or side track, or tracks, bridges, culverts, buildings, struc¬ 
tures, fixtures or appurtenances or either or any part thereof, of said 
railroad, or part of railroad, desired by such company, and of its inability 
to agree with the other joint owner or owners in respect to the making 
of such additions or improvements. Upon the receipt of such statement 
the commissioner of railroads and telegraphs shall, within thirty days of 
the filing of such statement, appoint a time when the owners of such rail¬ 
road or part of railroad may be heard respecting the reasonableness and 
necessity of such proposed additions or improvements, and give due 
notice in writing of the time and place of such hearing to each of the 
owners aforesaid, and it shall be lawful for such commissioner to make 
such order in respect to the reasonableness or necessity of the whole or 
any part of such additions or improvements, as well as the manner in 
which the same shall be made, and the periods within which the same 
shall be paid for, as to him shall seem proper, and his decision in the 
matter shall be final. [80 v. hi.] 

(339 2 —3) Sec. 3. [The cost of additions or improvements; how 
paid.] The cost of such additions or improvements shall, in all cases, 
unless otherwise agreed between the joint owners, be paid by them in 
proportion to their ownership in the joint property, irrespective of the 
amount of traffic which each owner may then have passing over such 
railroad. If either owner shall fail or refuse to pay the share of such 
cost as may be due from it on the basis herein fixed, or within the period 
or periods which may be fixed by the commissioner of railroads and tele¬ 
graphs, as aforesaid, suit may be entered and judgment taken against the 
party so in default, and the judgment so entered shall be a valid lien 
upon the interest of the party in default in said railroad or part of railroad 
owned jointly as aforesaid and such interest may be sold at public sale as 
in other cases upon execution, and it shall be lawful for any railroad 
company having authority to own or operate a railroad in this state to 
purchase such interest at such sale, and to enjoy and exercise in respect 
to the interest so purchased, all the rights, privileges and franchises which 
were exercised or enjoyed by the company owning the same at the time 
of said sale. Provided, that the compulsory power of enforcing additions 
or improvements provided for in this and the preceding sections shall 
not exceed to local or terminal depot or shop grounds or facilities, the joint 
use of which shall not be needed by all the joint owners. [80 v. ill.] 

53 O. S. 161. 

(3392—4) Sec. 4. [Partition not to be compulsory.] Nothing 
contained in this act shall be held to imply or confer a right or power of 
compulsory partition of the joint property against the will of either of 
the joint owners; but the same may be sold upon execution as herein 
provided. J 8o v. hi.] 


156 


TRANSPORTATION LAWS OF THE STATE OF' OHIO. 


( 3392 — 5 ) Sec. 5. [Company selling interest in road may pur¬ 
chase or condemn land along chartered route.] In case either com¬ 
pany shall, pursuant to the agreement or to the proceedings aforesaid, sell 
or convey, or suffer to he sold or conveyed, its interest in the railioad or 
part thereof so owned in common, it shall he lawful for such company 
to acquire by purchase or condemnation, such land as may be needed to 
enable it to construct and maintain and operate a railroad along and 
adjacent to such portion of its chartered route as may have been sold 
or conveyed aforesaid, and such company shall have and enjoy all 
rights and franchises in respect to such newly acquired railroad as were 
held and enjoyed in respect to said railroad sold or conveyed as aforesaid. 
[80 v. III.] 

(3392—6) Sec. 6. [To which companies this act applies.] This 

act shall apply in case one or more companies, owners in common as 
aforesaid, shall have leased its interest in the portion of railroad so owned 
in common, and the lessee of such interest may unite with the lessor in 
the agreement provided for in section one of this act, or may with such 
lessor and owner be compelled to make or pay for the addition and. im¬ 
provements contemplated in this act. [80 v. hi.] 

ORGANIZATION. 

Sec. 3393. [When proceedings for reorganization may be had.] 

When proceedings are pending in any court for the sale of the road of 
a company, under a mortgage or deed of trust, and two-thirds in interest 
of the creditors and two-thirds in interest of the stockholders of the com¬ 
pany agree in writing, upon a plan for the readjustment or capitalization 
of the debt and stock of the company, the court shall render judgment 
against the company for the amount due and in arrear upon such securi¬ 
ties, which judgment shall, from its rendition, become a lien on all the prop- 
. erty embraced in such securities, and upon all the franchises and powers- 
of the company, including its franchise to be and act as a corporation, 
conferred by the charter.and the amendments to the charter of the com¬ 
pany; and upon a sale had under such judgment, and a purchase at such 
sale by trustees, on behalf of the parties to such agreement, appointed by 
the agreement, all the property so bound by the judgment, including said 
franchises, shall vest in such trustees; but every such agreement shall 
provide that the unsecured debts of the company, incurred for repairs or 
running expenses, shall be paid in money, or bonds of the reorganized 
company of the highest class issued, as hereinafter provided ; and a copy 
of the agreement shall be filed in such court, before the rendition of the 
judgment. [58 v. 70, § 1 ; S. & S. 127.] 

Sec. 3394. [Meeting of creditors, and proceedings thereat.] The 
trustees shall, as soon as practicable after the sale, call a meeting of the 
parties to the agreement by a notice signed bv a majority of the trustees,. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


157 


■for of their survivors, and published not less than once a week, for four 
■consecutive weeks, in a newspaper printed in the cities of New York and 
Philadelphia, and in a newspaper printed in each county on the line of 
the railroad, specifying the day, place and object of such meeting — the 
place to he on the line of the road; at such meeting each of the parties 
to the agreement shall be entitled to vote according to the provisions 
thereof, but not exceeding one vote for every fifty dollars of the par 
value of the debt or stock of such party, according to a list of voters and 
of their respective interests, which shall be prepared by the majority of 
the trustees, who are empowered to act as judges of the election; such 
meeting, by a majority in interest of the persons present, in person or by 
proxy, shall be competent to retain or change the name of the company, 
to decide, for the time being, the amount of its capital, and the number 
■of shares into which such capital shall he divided, to fix the number of 
directors and their term, of office, to elect such directors, a majority of 
whom shall be residents of the state or states in which such railroad is 
situate, and to do all things necessary or proper to reorganize the com¬ 
pany ; but any creditor shall be entitled to become a party to the agree- 
-ment aforesaid either at or any time before the meeting in this section 
provided for, and any stockholder shall be entitled to become a party to ‘ 
such agreement at any time within one year after such meeting. [58 v. 
70, § 2; S. & S. 127.] 

22 o. s. 354 . 

When a railroad company reorganizes under the act of April 11, 1861 (68 v. 70), and in 
the agreement therefor it is stipulated that certain bonds of the original corporation shall be 
assumed by the new company, and the holders thereof entitled to vote at all meetings of stock¬ 
holders upon conditions specified, which are performed, the new company becomes liable to 
pay the bonds and the holders thereof entitled to vote, without further action on the part of 
the new company: State v. McDaniel, 22 O. S. 354. 

Sec. 3395. [What must be certified to the secretary of state.] 

A certificate, under the common seal of the company, specifying its name, 
and the railroad which it is to hold, maintain and operate, shall be filed 
in the office of the secretary of state; and a copy of such certificate, duly 
certified shall, in all courts and places, be evidence of a compliance with 
all the conditions and provisions of the two preceding sections, and of 
the due reorganization and existence of the company. [58 v. 70, § 3; 
S. & S. 128.] 

Sec. 3396. [The property and powers of the new company.] 

Upon such reorganization, and a conveyance of the trustees, or of such of 
them as shall be vested with the legal title, or their survivors, all the rail¬ 
road and other property and franchises, and things purchased, as afore¬ 
said, and all the franchises, powers, faculties, privileges and immunities 
which were possessed or enjoyed by the original company, or by any com¬ 
pany with which it has been consolidated, shall pass to and be vested in the 
company as reorganized; and the same, and all property and things 
which the reorganized company shall thereafter acquire, except as here- 


158 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

inafter provided, shall be taken, held and disposed of for the use and 
benefit of the creditors and stockholders of the company, who shall have 
become such upon and after such reorganization, according to their respect¬ 
ive rights, but subject to the powers of the company, and shall be in no 
wise chargeable in respect to' any debt, liability or claim of any creditor 
or stockholder which subsisted prior to the sale and reorganization herein 
provided for, but all property of the original company not embraced in 
the sale shall, upon the reorganization, be vested in the company as 
reorganized, in trust for all parties interested therein as creditors, stock¬ 
holders, or otherwise. [58 v. 70, § 4; S. & S. 128.] 

Sec. 3397. [Further powers of the new company.] Such com¬ 
pany shall likewise have power, at any time within six months after the 
organization, to assume such debts or liabilities of the original company, 
and to make such adjustments or exchanges with any bondholder of 
the original company, and, within one year, with any. stockholder, as it 
may deem expedient, and may use for such purpose any bonds or stock 
which it may be authorized to issue or create; and it may make and issue 
such bonds, payable at such times and places, and bearing such rates of 
interest not exceeding six per centum per annum, as it may deem ex¬ 
pedient, and may secure the payment of any bonds which it may issue 
or assume to pay, by mortgages or deeds of trust of its railroad, or any 
other of its property, real or personal, and may include therein with its 
road all its cars and other rolling stock and equipments, and any machin¬ 
ery, tools, implements, fuel, materials and all other things then held or 
thereafter acquired for constructing, operating or repairing the road, 
or for repairing or replacing any of its equipments or appurtenances, as 
part and parcel of the road, and as constituting with the road one prop¬ 
erty, and may include in such mortgages or deeds of trust all franchises 
held by the company, and connected with or related to the road, and all 
other corporate franchises of the company, all which franchises, in¬ 
cluding the franchise to be a corporation, in case of sale by virtue of any 
such mortgage or deed of trust, or of any judgment specified in the next 
section, are hereby declared to pass to the purchasers, so as to enable them 
to reorganize the company in the manner hereinbefore provided; and 
such company may issue capital stock to such aggregate amount as it 
may deem proper, not exceeding any limit which may be fixed by agree¬ 
ment with the trustees purchasing as aforesaid, and may establish pref¬ 
erences in respect to dividends, in favor of any class of the stock, in 
such order and manner as it may deem expedient, not exceeding such 
limit as may be fixed by agreement as aforesaid; and may, if authorized 
by the agreement, confer on holders of any bonds which it may 
issue or assume to pay, such rights to vote at all meetings of stockholders, 
not exceeding one vote for every fifty dollars of the par amount of the 
bonds,, as may have been provided for in the agreement, which rights, 
when once fixed, shall attach to and pass with such bonds, under such 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 159 1 

regulations as the by-laws may prescribe, to the successive holders thereof, 
but shall not subject the holder to any assessment by the company, or to 
any liability for its debts, or entitle any holder to dividends. [58 v. 

70, § 5; S. & S. 128.] 

S e c. 3397^- [Issue of stock or securities by companies organized 
or reorganized under agreements; terms of such agreements to appear 
on stock and securities issued; rights of holders.] In all cases of 
railroad companies heretofore or hereafter organized or reorganized 
under the laws of Ohio, wherein the organization or reorganization agree¬ 
ment provides and stipulates that any class of creditors, bondholders or 
stockholders of the original company, shall in any wise be restricted 
or limited, in participation in profits or dividends, or in respect to liens 
or the right to vote as the holders of stock or securities in said reorgan¬ 
ized company, the said reorganized company, its directors and officers, 
shall issue the certificates of stock or securities into which the original 
stock, securities or debt may be convertible, bearing upon the face of 
each, plainly and distinctly set forth, such restrictions, or limitations, 
so that purchasers may be advised of he terms thereof, and all holders- 
of stock or securities created under such reorganization agreements, shall 
hereafter have only such restricted or limited rights, liens, participation 
in profits, dividends and right to vote thereon, as may be in such agree¬ 
ments, certificate of stock or securities provided and set forth. [1887, 
March 19; 84 v. T42.] 

Sec. 3398 . [Lien of mortgages, etc.] The lien of the mortgages 
and deeds of trust authorized to be made by the preceding section shall 
be postponed to the lien of judgments recovered against the company, 
after its reorganization, for labor thereafter performed for it, or for mate¬ 
rials or supplies thereafter furnished to it, or for damages, losses, or in¬ 
juries thereafter suffered or sustained by the misconduct of its agents, 
or in any action founded on its contracts or liability as a common carrier 
thereafter made or incurred. [58 v. 70, § 6; S. & S. 129.] 

53 o. s. 151 . 

Sec. 3398 a. [Lien for labor performed for railroad company.] 

That in all actions now pending or hereafter commenced in any of the 
courts of this state, either as original actions, or as proceedings in error 
against any railroad corporation now existing or hereafter created, or any 
foreign railroad company operating and carrying on business in this state, 
when such action is for the purpose of recovering judgment against said 
corporation, for labor performed for it, or for materials or supplies furn¬ 
ished to it, or for damages or losses, or injuries suffered or sustained 
by the misconduct of its agents, or in any action founded on its contract* 
or liabilities as a common carrier made or incurred, which action, by vir¬ 
tue of statutory enactment, or upon principles of equity, would, when re¬ 
duced to judgment, become a lien upon the property of such corporation 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


160 

prior in law or equity to the lien of any mortgage or deed of trust author¬ 
ized to be made by any of the statutes of this state, such judgment shall 
be and remain a prior lien upon such railroad property, notwithstanding 
any sale or conveyance of such property by virtue of any judgment or 
decree of foreclosure founded upon a breach of the terms and conditions 
•of any such mortgage or deed of trust. [1882, February 17; 79 v. 11.] 

See Secs 3207, 3231-1. 

On the subject of liens, with reference, to railroads, see § 3207 et seq., and the act of 
March 20, 1889 , 86 v. 120, § 3231-1 et seq. 

Sec. 3398/1. [How such lien enforced.] That the party prosecut¬ 
ing such action in order to avail himself of the provisions of section three 
thousand three hundred and ninety-eight (a) of this act, shall, before 
the day fixed for the sale of the property of any such railroad under any 
judgment or decree of foreclosure and sale, file with the clerk of the court 
wherein such judgment or decree of foreclosure and sale was rendered, 
a notice in writing setting forth the title of his action, the court wherein 
pending, the amount of his claim, the date from which he claims interest 
thereon, the probable amount of costs, and that he claims that the judg¬ 
ment by him sought to be recovered would, when obtained, become a 
lien prior in law or equity to the lien of the judgment or decree of fore¬ 
closure and sale. That he shall also before the day of sale, or at the time 
thereof, serve a certified copy of such notice upon the officer or other per¬ 
son making such sale, who shall, before offering said property for sale, 
read such notice publicly at the time and place of sale, and shall, with his 
return of such sale, return such certified copy of notice with the indorse¬ 
ment of his proceedings thereunder upon the same, to the court. [1882, 
February 17 ; 79 v. 11, 12.] 

Sec. 3398c. [In case of sale, court to retain amount of lien.] 

That the court, on the return of the- officer or other person making such 
sale, before confirming the same and ordering distribution of the funds 
arising therefrom, shall retain in its custody or under its control, a suffi¬ 
ciency of such proceeds applicable to distribution to the claimants under 
the liens of the mortgage or deed of trust, to satisfy any judgment which 
may be recovered in the action provided for in section three thousand 
three hundred and ninety-eight (a) of this act, when ended and determ¬ 
ined. [1882, February 17; 79 v. 11, 12.] 

See. 3398c/. [What to be done in case judgment recovered.] 

That within sixty days after the determination of the action referred to 
in section three thousand three hundred and ninety-eight (a). the party 
•claiming such priority of lien, if he shall have recovered judgment against 
said railroad company, shall file his answer and cross-petition in the 
action pending in the court holding the fund as provided in section three 
thousand three hundred and ninety-eight (a), setting forth his legal and 
-equitable claim thereto, and such court shall make the proper orders 
necessary to the determination of the questions of priorities and distribu- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


161 


tion of the retained fund, as in section three thousand three hundred and 
ninety-eight (c) provided. [ 1882, February 17; 11, 12.] 

Sec. 3399. [These provisions applicable to certain other com¬ 
panies.] The provisions of the seven preceding and the next suc¬ 
ceeding sections shall extend and apply to companies whose railroads 
are partly within and partly without this state; a company of this state, 
possessing such a railroad, shall have capacity to exercise without this 
state all its powers, privileges, faculties and franchises; a corporation of 
another state possessing a railroad which is partly in such other state and 
partly within this state, may exercise and enjoy within this state all its 
powers, privileges, faculties and franchises for the purpose of such rail¬ 
road and its business, not inconsistent with the laws of this state; and all 
mortgages and deeds of trust made by such corporation upon its railroad, 
equipments, or other property within this state, shall operate in the same 
manner and with the like effect as hereinbefore provided with respect to 
companies so reorganized; but such part of the railroad as is within this 
state shall be subject to taxation, and to all regulations of law, in the 
same manner as railroads of this state in like cases, and the corporation 
owning the same shall be subject to all duties in respect thereto imposed 
by law, and may sue and be sued in all cases and in the same manner as 
a company of this state might sue or be sued. [58 v. 70, § 7; S. & S. 129.] 
Sec. 3400. [The property mortgaged may be sold without ap¬ 
praisement.] Railroads and other property mortgaged therewith by 
such company may, if the court deems it expedient, be sold without ap¬ 
praisement, at judicial sales under judgments upon such mortgage; but 
in such case, in order to prevent sacrifices and protect the interests of 
all concerned, the court shall fix a minimum sum below which no such 
sale shall be made; and, in order to fix that amount, the court may, if 
it deems it expedient to do so, refer the subject to a master with instruc¬ 
tions to take testimony, and report the sum. [58 v. 70, § 8; S. & S. 130.] 
Sec. 3401. [When creditors of companies may agree on capitali¬ 
zation.] When judicial proceedings are pending in any court sitting 
in this state for the sale of any railroad, and the same is in the hands of a 
receiver appointed by such court, two-thirds in interest of each class of 
mortgagees, or holders of the bonds issued under a mortgage, and two- 
thirds in interest of all other classes of creditors of such company, and the 
owners of two-thirds of the shares of the stock thereof, may agree in 
writing upon a plan for the adjustment of such indebtedness, by capitali¬ 
zation or otherwise. [60 v. 55, § 1 ; S. & S. 126.] 

3 C. C. 284. 

This section, in so far as it applies to debts of a railroad company contracted before its 
passage, is invalid as against creditors not consenting to the plan of adjustment: Mather v. 
Tunnel Co. 3 C. C. 284. 

Sec. 3402. [Secretary of state to publish notice of agreement.] 

When such agreement is made, and filed in the office of the secretary 
11 t. L. 


162 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


of state, he shall cause public notice thereof to be given in a newspaper 
of general circulation published in each of the cities of Columbus, Cin¬ 
cinnati and Cleveland, and also in a newspaper of general circulation pub¬ 
lished in each of the counties through or in which the road is located, 
# which publication shall be made immediately after the agreement is filed, 
and be continued for six consecutive weeks, and the cost thereof shall be 
paid by the company. [60 v. 55, § 2; S. & S. 126.] 

Sec. 3403. [Other creditors may sign the agreement.] A dupli¬ 
cate of the agreement shall be kept at the principal offce of the com¬ 
pany ; and all persons in interest, not parties thereto, shall be at liberty, 
for the period of four months from and after the date of the first publi¬ 
cation, to appear and become a party to such agreement, either in person 
or bv proxy, by signing the same, and thereby secure the benefits thereof. 
[60 v. 55, § 3; S. & S. 126.] 

Sec. 3404. [Rights of those who do not sign.] All persons in 
interest who fail to become parties to the agreement within the time afore¬ 
said shall thereafter be entitled to the same rights, interest, and estate, 
remedy, liens, and action, and none other which parties in interest of 
like class and amount who signed the agreement obtained by, through, 
and under the agreement; but if any person in interest neglect and fail 
for the period of six years after the publication of the notice mentioned 
in section three thousand four hundred and two, to apply at the principal 
office of the company, either in person or by proxy, to become a party 
in interest in the agreement, such person, unless an infant, a married 
woman, or insane shall be barred of all interest, claim, right, or action 
under the agreement, or otherwise; and in case of such disability the 
rights above enumerated shall be extended for the period of two years 
after the termination of the disability. [60 v. 55, ^ 4; S. & S. 126.] 

Sec. 3405. [When the court to make order touching costs.] 
When the agreement is made, filed, and nojtice thereof given, and proof 
thereof made, or offered to be made, in the court in which the proceed¬ 
ings are pending the court shall dismiss the proceedings; but the court 
may make such order or decree touching the costs and expenses thereof 
£S it may deem just and proper. [60 v. 55, § 5 ; S. & S. 126.] 

Sec. 3406. [Agreement may be between each interest and the 
company.] The agreement shall not be required to be between the 
several interests hereinbefore specified, but may be between each interest 
separately, and the railroad company. [60 v. 55, § 7; S. & S. 127.] 

Sec. 3407. [When the road is used by two companies.] If the 
railroad involved in such judicial proceedings is used, in whole or in 
part, by such company in common with any other railroad company, on 
the same track, between any points on the line common to both, and 
within the limits of the termini established by the charters of both com¬ 
panies, the company owning the railroad, if the same can be done without 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


163 


impairing the usefulness thereof to it, may lease for a period of years, 
for an annual rent, or sell for a fixed sum, to the company to which the 
line of road, in whole or in part, is common, an undivided interest in the 
■same, upon such terms and conditions as may be agreed upon; and such 
.lease or sale shall be reported to and approved by the court, and when so 
made and approved, the lessee or vendee thereof, shall hold the same free 
from any previous lien which had been put thereon. [60 v. 55, § 8; S. 
<& S. 127.] 

38 O. S. 614. 

Sec. 3408. [When stock or bonds are held in a fiduciary capac¬ 
ity.] When any portion of the stock or bonds of a company is held 
by the state, or a county, township, city, village, or other municipal cor¬ 
poration, or by an executor, administrator, or a guardian, or otherwise in 
a fiduciary capacity, the governor, county commissioners, township trus¬ 
tees, council, or other authority of the municipal corporation, or person 
holding in a fiduciary capacity, may become parties to any agreement for 
the reorganization of such . company, and may control, exchange, or 
manage such stock or bonds according to the terms of the agreement, and 
take and receive new stock or bonds to be issued in lieu of the original 
■.stock or bonds, which shall be held on the same terms, and subject to all 
liens,which attached to the original stock or bonds. [58 v. 70. § 9; 60 
<v. 55,§ 6: S. & S. 126; S. & S. 130.] 

PRIVATE SALES OF ROADS. 

Sec. 3409. [When a company may sell its road bed, etc.] A 

‘company, owning in whole or in part any road-bed and right of way for 
a railroad within this state, including those acquired by purchase at 
judicial sale, which, from lack of means, or other cause, is unable to com¬ 
plete the construction of its proposed line of road thereon, may sell, assign, 
and transfer the same, or any part thereof, to any other company incor¬ 
porated under the laws of this state, with authority to construct and 
operate a railroad over the same route, or any part thereof, which trans¬ 
fer shall include all work done upon such line of road, together with all 
material furnished therefor, not exempted by the terms of the grant, with 
all right [s], privileges, and easements, as fully as the same are or may 
'be possessed by the company making the same, and shall to the 
same extent, vest the title of and the right to enjoy the same in such 
grantee. [65 v. 142, § 1; 66 v. 334, §§ 1, 2; S. & S. 133.] 

45 O. S. 556. 47 O. S. 276. 

Sec. 3410. [The transfer to be by deed.] Such transfer shall 
be by deed, duly executed by the president of the company grantor, in 
tthe manner provided by law for the conveyance of real estate, and 


164 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


shall be for such consideration as the parties may agree upon. [65 v. 142, 
§2; S. & S. 133.] 

Sec. 3411. [Two-thirds in interest of stockholders must consent.] 

Before any such transfer shall be made, the president of the company 
shall call a meeting of the stockholders of the company at some convenient 
point on the line, or at a terminus of the road, of which he shall cause 
at least thirty days’ notice to be published, in some newspaper printed or 
in general circulation in each county in which such road-bed and right 
of way are situate; such meeting may, by a concurrent vote of two- 
thirds in interest of the stock represented thereat by the owners thereof, 
in person or by proxy, declare by resolution the inability of such company 
to complete its line of road, prescribe the terms of the proposed transfer 
of its road-bed and right of way, and direct the president of the company 
to execute the deed; and all such proceedings, resolutions, and directions 
shall be duly recorded in the proper record book of the company, and 
a copy thereof delivered to the grantee, and they shall also be recited 
in the deed. [65 v 142, § 3; S. & S. 133.] 

Sec. 3412. [What interest dissenting stockholder may retain.] 
No transfer shall be made against the dissent of any stockholder, ex¬ 
pressly declared and filed in writing at such meeting, without the guar¬ 
antee of the company grantee that it will cause to be issued to him certifi¬ 
cates of its capital stock, equal in amount to his pro rata interest as a 
stockholder of the grantor, in the amount for which the property is sold. 
[65 v. 142, § 4; S. '& S. 133.]' 

Sec. 3413. [Title to property vests in grantee.] The title to the 
property so transferred, together with the right to use, occupy, and enjoy 
the property for any and all purposes proper for the construction, main¬ 
tenance, and operation of a railroad thereon, shall pass to and vest in 
the company grantee, by the execution of the deed, to the same extent 
as the granting company might or could use, occupy, and enjoy the same. 

1 65 v. 142, § 5 ; 70 v. 245, § 1; S. & S. 133.] 

Sec. 3414. [Certain rights of way forfeited.] Where, upon an 
unfinished road, a right of way, or any part thereof, remains for ten years 
unused for railroad purposes, it shall be held forfeited, and shall revert 
to the owner of the land, unless at least twenty miles of the road have 
been completed by the company during that period or unless an average 
of one thousand dollars per mile has been expended for construction 
before the expiration of said period of ten years. [93 v 207 • 6s v 142 

§6; S.-&S. 133.] 

RECEIVERS. 

Sec. 3415. [May sue and be sued without leave of court.] When 
a line of railroad, the whole or any part of which lies within the limits 
of this state, has been placed, by order of court, in the hands of a receiver, 
who has taken charge of and is operating the same for the purpose of 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 165 

carrying passengers and freight, and doing such other things as ordi¬ 
narily belong to the running and management of railroads, such receiver 
may, in his official capacity, sue or be sued in the courts of this state 
without leave previously granted; provided, however, that no person shall 
act as such receiver unless he be a resident citizen of this state. [69 v. 
3T § 1 .] 

20 O. S. 137. 38 O. S. 174. 1 C. C. 513. 2 C. C. 10 . 3 C. C. 489. 3 C. C. 284. 

Sec. 3416. [Where action may be brought and service.] Actions 
may be brought against the receiver of a railroad in any county through 
or into which the road is constructed, and service of summons may be 
had upon the receiver, or upon the superintendent of the road or upon any 
ticket or freight agent who is in the employment of or acting for the 
receiver; but no service made upon the ticket or freight agent shall be 
valid unless the office or place of business of such agent is in the county 
where suit is brought. [69 v. 31, § 2.) 

See Secs. 4988, 4991, 5044a. 

Cited in Railroad Co. v. Orme, 1 C. C. 513. 

Sec. 3417. [Application of funds, and lien thereon.] The earn¬ 
ings of a railroad in the hands of a receiver, and all other money which 
comes into his hands as such receiver, shall be applied first to pay costs and 
expenses of the suit in which he was appointed, and the expenses of opera¬ 
ting and managing the road, including all materials and supplies pro¬ 
cured by him therefor, and liabilities incurred by him in such operation 
and management ; and all judgements recovered against the receiver of 
a railroad for injuries to person or property, or for wages of employes or 
work done or materials furnished while he is operating or managing the 
road, shall be a lien on the funds in his hands as receiver, but shall affect 
him only in his trust capacity, and not individually. [69 v. 31, § 3.] 

Satisfaction of a judgment rendered against a receiver can be obtained only out of the 
fund in his hands, as may be directed by the court appointing him. Meara v. Receivers, 20 O. 
-S. 137. 

Sec. 3418. [Where receiver must deposit money.] When the 
line of [a] railroad operated by a receiver lies wholly within this state, 
all money which comes into the hands of the receiver, whether arising 
from operating the road or otherwise, shall be kept and deposited in such 
place within this state as the court may direct, until properly disbursed; 
but if any portion of the road lies in another state, the receiver shall be 
required to deposit in this state at least such share of the funds in his 
hands as is proportioned to the value of the-property of the company 
within this state. [69 v. 31, § 4.] 

JUDICIAL SALES OF ROADS. 

Sec. 3419. [How purchaser of railroad may acquire franchise.] 

The purchaser of a railroad, situate wholly or partly within this state, 


106 transportation laws of THE STATE OF OHIO. 

which has been or may hereafter be sold pursuant to judicial proceedings,, 
may acquire the franchise to be a corporation originally vested in the com¬ 
pany which held the road prior to such sale, by grant of such company, 
under such terms and conditions as may be agreed upon by the directors- 
of the company, with the consent of the stockholders owning two-thirds 
of the stock; which grant shall be in the same form as is required by law 
to convey real estate, and shall pass such franchise to the persons or com¬ 
pany becoming the owner, by purchase as aforesaid, of such railroad* 
but no such grant shall be made unless provision be made for granting 
to the stockholders in the original company stock in the reorganized com¬ 
pany, upon equal terms with the stockholders thereof, and as shall be 
acceptable to the directors making such grant. [62 v. 169, § * 5 S. & 

125.] 

22 o. s. 411. 

Sec. 3420. [Certain roads may be sold at judicial sale.] The 

real and personal property, road-bed, right of way, fixtures, and franchises- 
of a company in this state which has not completed, nor conveyed by 
deed of trust, or mortgage, any part of its road, and which is insolvent, 
and whose property is in the hands of a receiver appointed by a court of 
competent jurisdiction, may be sold at judicial sale, and the title thereto, 
with all the rights, liberties, faculties, and franchises, shall pass by such 
sale, and vest in the purchaser thereof, as fully as the same had been poss¬ 
essed, exercised, and enjoyed by such company. [65 v. 192, § 1 ; S. & S. 
I3I-] 

1 C. C. 426. 

Sec. 3421. [The receiver must petition therefor.] Before any 
such sale shall be ordered the receiver shall file in such court his petition 
therefor, in which he shall set forth the names of the creditors of the 
company, with the sums due to each, as nearly as can be ascertained, a 
statement of its assets, exclusive of its road-bed, rights of way, and fran¬ 
chises, and a pertinent description, in general terms, of the road-bed, right 
of way, and property so sought to be sold, and shall cause notice thereof 
to be published, for six consecutive weeks, in some newspaper printed 
and of general circulation in each of the counties in which any part of 
the road-bed is situate; and any creditor shall, at any time before the 
distribution of the proceeds of the sale, have the right to appear and set 
up his claim by answer, and have it determined by the court, if it is omitted 
from or inaccurately stated in the petition. [65 v. 192, § 2; S. & S. 131.] 

Sec. 3422. [Order for appraisement of road.] The court, on 
proof of the publication of such notice, and on being satisfied that a sale 
is necessary for the payment of the indebtedness of the company, shall 
order the sale of such road, road-bed, rights of way, property, and fran¬ 
chises, upon such terms of payment as the court may deem proper, and 
shall issue its order to the receiver, commanding him that he cause the. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


It) 7 


same to be appraised by commissioners, to be selected by the court, skilled 
in the construction and value of such road-beds as they may be called 
upon to appraise, having the qualifications of a freeholder, not less than 
three in number, and consisting of at least one from each countv in which 
any part of the road-bed is situate; and such proceedings shall be had 
under such order as are provided by law in case of sales of real estate 
made by order of court in other cases, so far as the same mar be appli¬ 
cable. [65 v. 192, § 3; S. & S. 132.] 

Sec. 3423. [Notice of sale to be published.] Before any such 
sale shall be made, notice thereof shall be given by publication, for six 
consecutive weeks, in some newspaper published and of general circula¬ 
tion in each of the counties through or in which such road is located, and 
also in some newspaper published and of general circulation in each of 
the cities of New York and Cincinnati, for at least thirty days prior to tne 
day of sale; but the sale shall not be made for less than two-thirds of the 
appraised value of property and rights, unless, upon the same having been 
twice offered and not sold the court, in its discretion, order a reappraise¬ 
ment. [65 v. 192, § 4; S. & S. 132.] 

Sec. 3424. [Confirmation of sale, and deed.] When a sale is 
made and reported to the court, if the court is satisfied that the same was 
fairly and properly conducted, in all respects, according to law, and the 
order of the court, it shall cause the sale to be confirmed, and shall order 
the receiver to execute and deliver to the purchaser a deed of conveyance 
for the road, road-bed, rights of way, real estate, fixtures and franchises 
so sold. [65 v. 192, § 5 ; S. & S. 132.] 

Sec. 3425. [How proceeds of sale distributed.] The proceeds 
of the sale after paying the costs and expenses thereof and the unpaid 
expenses of the trust against the company, shall be distributed pro rata 
among all the creditors of the company. [65 v. 192, § 6; S. & S. 132.] 
Sec. 3426. [Who may purchase such property.] A company 
organized under the laws of this state may become the purchaser of such 
property; and any number of persons, not less than five, may become the 
purchasers of such road, road-bed, rights of way, property and fran¬ 
chises at such sale, and upon filing a transcript of the degree of con¬ 
firmation in the office of the secretary of state, shall become a corporation 
of this state, amenable to its process, and with perpetual succession by 
such name as they may assume to themselves, subject to the laws of this 
state regulating corporations, and shall hold the property, rights and 
franchises so purchased, free and discharged from all liability for the debts 
of the original corporation. [65 v. 192, § 7; S. & S. 132.] 

Sec. 3426(7. [Purchaser of railroad at judicial sale may sell same; 
grant to be recorded.] The purchaser or purchasers of the real and 
personal property, road-beds, rights of way, fixtures and franchises of 
any railroad company in the state of Ohio, and situated wholly or in part 


168 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


in this state, that have been or shall hereafter be sold pursuant to judicial 
order, judgment, or decree, and which sale has been confirmed by the 
court making the order of sale, may sell the same, or any portion thereof, 
and the title thereto, with all the rights, liberties, faculties and franchises 
shall pass by such sale and vest in the purchaser or purchasers thereof, as 
fully as if the same had been possessed, exercised and enjoyed by such 
railroad company, and which passed by said judicial sale; which grant, 
being in the same form as by law required to pass real estate, shall be 
recorded in the record of deeds of the county or counties in which said 
real or personal property is situated, and said rights and franchises are 
or may be exercised. [77 v - 60.] 

Sec. 3426b. [Railroad company, and any number of persons, 
may become purchasers.] That any railroad company organized or 
existing under the laws of this state may become the purchasers of such 
property, as provided in the first section (3426a) of this act, and any 
number of persons may become the purchasers of such road, road-beds, 
rights of way. property and franchises, as provided herein, either directly 
at such judicial sale or by grant from the purchasers at such sale, whether 
the same shall have been heretofore or may hereafter be made; 

[Purchasers may be incorporated.] And upon filing a copy of 
said deed or grant in the office of the secretary of state with articles of 
incorporation executed in accordance with sections thirty-two hundred and 
thirty-six and thirty-two hundred and thirty-seven of the Revised Statutes 
of Ohio, they and such persons as they may associate with them, not 
less than live in number, shall become a corporation with perpetual suc¬ 
cession. by such name as they may assume to themselves, with full capa¬ 
city to maintain and operate such railroads, whether located wholly within 
this state, or partly within this state and partly within another state or 
states, 

[Stock and bonds may be issued as purchase price, etc.] And 

with authority to provide for the purchase price of the railroad and other 
property so purchased, by the issue of its capital stock, preferred or com¬ 
mon, and bonds secured by mortgage or otherwise, bearing interest at 
a rate not exceeding seven per cent, per annum, and stock and bonds 
heretofore or hereafter issued as such purchase price, in whatever amounts 
the incorporators, in good faith, may have agreed on, shall be valid and 
taken as fully paid for by the transfer to said corporation of such railroad 
and property, and also by such issue of stock or bonds, to' raise the neces¬ 
sary means suitable to improve such railroad property and equipment for 
the uses and purposes for which it is employed; and in the operation 
and maintenance of such railroad, the said corporation shall be entitled 
to all the rights, and be subject to all the obligations and restrictions im¬ 
posed upon railroad companies by the general laws of this state. [87 v. 
270; 77 v. 60.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


169 


RAILROAD POLICE. 

Sec. 3427. [Appointment of railroad police; their qualifications, 
term of office and revocation of commission.] The governor, upon 
the application of a company owning or using any railroad, street railroad, 
.suburban or interurban railroad, in this state, may appoint and commission 
such persons as the company may designate, or as many thereof as he may 
deem proper, to act as policemen for and upon the premises of such rail¬ 
road or elsewhere, when directly in the discharge of their duties for such 
railroad; and all policemen so appointed shall be citizens of the state of 
Ohio, and men of good character, and said policemen shall hold their office 
for three years, unless their commission be revoked by the governor for 
good cause shown, or by the railroad company as provided by section 
three thousand four hundred and thirty-two of the Revised Statutes. Pro¬ 
vided that no more than one such policeman shall be so appointed for 
-each five miles of such street railroad, suburban or interurban railroad. 
[82 v. 51 ; Rev. Stat. 1890; 64 v. 60, §§ 1, 2; S. & S. 121; 97 v. 392.] 

.30 O. S. 604. . 

Sec. 3428. [Oath; record of commission; powers and liabilities 
of such police.] Each policeman so appointed shall, before entering 
upon the duties of his office, take and subscribe an oath of office, which 
shall be endorsed upon his commission; a certified copy of such com¬ 
mission, with the oath, shall be recorded in the office of the clerk of the 
court of common pleas in every county through or into which the rail¬ 
road for which such policeman so appointed runs, and for which it is 
intended he shall act; and policemen so appointed and commissioned shall 
severally possess and exercise all the powers, and be subject to all the liabi¬ 
lities of policemen of cities of the first class, in the several counties in 
which they are authorized to act while in the discharge of their duties 
for which they are appointed. [1885 February 18; 82 v. 51; Rev. Stat. 
1880; 64 V. 60, §3; S. & S. 121.] 

Sec. 3429. [Power of such police to enforce regulations of road 
and make arrests.] A company which avails itself of the provisions 
of the two preceding sections may make needful regulations to promote 
the public convenience and safety in and about its depots, stations and 
-grounds, not inconsistent with the laws of the state, and cause the same to 
be printed and posted conspicuously upon its depots or station buildings, 
and such policemen may enforce and compel obedience to the same; and 
the keeper of jails, lock-ups or station-houses in any of such counties shall 
receive all persons arrested by such policemen for the commission of any 
offense against such reg'ulations or the laws of the state, upon or along 
the railroad or premises of any such company to be dealt with according 
to law. [64 v. 60, § 3 ; S. & S. 121.] 

Sec. 3430. [Such police to wear badges when.] Each police¬ 
man so appointed and commissioned, shall wear in plain view, when on 

\ 

) 


170 transportation laws of the state OF OHIO.. 

duty, as heretofore specified, a metallic shield with the word Police 
and the name of the railroad for which he is appointed inscribed thereon, 
except while acting as detective in the discharge of his duties for such 
railroad. [1885, February 18; 82 v. 51; Rev. Stat. 1880; 64 v. 60, § 4 ; 
S. & S. 121.] 

Sec. 3431. [Compensation of police.] The compensation of 
such policemen shall be paid by the company for which they are respect¬ 
ively appointed, and at such rates as may be agreed upon by the parties. 
[64 v. 60, § 5; S. & S. 121.] 

Sec. 3432. [When powers cease.] When a company no longer 
requires the services of a policeman so appointed, it may file a notice to 
that effect, under its corporate seal, attested by its secretary, in the several 
offices where the commission of such policeman is recorded, which shall 
be noted by the clerk upon the margin of the record where the commission 
is recorded, and thereupon the powers of such policeman shall cease and 
determine. [64 V. 60, § 6; S. & S. 121.] 

Sec. 3433. [When a passenger conductor is a policeman.] The 
conductor of every train carrying passengers within this state and the 
conductor of the car or cars of every interurban railroad carrying pas¬ 
sengers within this state, is hereby invested with all of the powers, duties 
and responsibilities of police officers, while on duty on his train or on said 
car or cars, and said conductor may wear the badge of a special policeman. 
[73 v. 166, § 1; 97 v. 84.] 

Sec. 3434. [When conductor may eject a passenger.] When a 
passenger is guilty of disorderly conduct, or uses any obscene language,, 
or plays any game of cards or chance for money or any other thing of 
value, upon any passenger train or upon the car or cars of any inter¬ 
urban railroad carrying passengers within this state, the conductor of such 
train or car or cars of such interurban railroad shall stop his train or 
said car or cars at the place where such offense is committed, or at the next 
stopping place of such train or of such car or cars, and eject such pas¬ 
senger from the train or from said car or cars, using only such force as 
may be necessary to accomplish such removal; and the conductor may 
command the assistance of the employes of the company, person, firm 
or corporation owning or operating such road or roads and of the passen¬ 
gers on such train or on such car or cars to assist in such removal: but 
before doing so he shall tender to such passenger such proportion of the 
fare he paid as the distance he then is from the place to which he has 
paid fare bears to the whole distance for which his fare is paid. [73 v. 
166, § 2; 97 v. 84,] 

Sec. 3435. [When a conductor may arrest a passenger.] When 

a passenger is guilty of any offense upon a passenger train or upon the 
car or cars of any interurban railroad carrying passengers within this state, 
the conductor of such train or of such car or cars may arrest him and take 
him before any magistrate having cognizance of such offense, in any 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 171 

county in this state in which such train or car or cars of any interurban 
railroad runs, and file an affidavit before such magistrate, charging him 
with such offense; but in no case shall the liability of a railroad company 
for damages caused by the conduct of its conductor be affected by the 
provisions of this and the next preceding section. [73 v. 166, § 3; 97 
v. 84 ] 

Sec. 3436. [Penalties against conductors for violations of two 
preceding sections.] A conductor having charge of a passenger train 
or of the car or cars of any interurban railroad carrying passengers 
within this state, who wilfully neglects his duty as required by the two- 
preceding sections, or fails to use all the means in his power to carry 
out the requirements of such sections, shall be deemed guilty of negli¬ 
gence of official duty, and on conviction thereof, before anv court having" 
competent jurisdiction, shall be fined not less than five nor more than 
twenty-five dollors. [73 v. 166, § 4; 97 v. 85.] 

STREET RAILWAYS. 

Sec. 3437. [Where street railway may be constructed.] Street 
railways, with single or double tracks, side tracks and turnouts, may be 
constructed or extended within or without, or partly within and partly 
without, any municipal corporation or unincorporated village; and offices,. 
depots and other necessary buildings for such railways may also be con¬ 
structed. [67 v. 10, § 1; S. & S. 135.] 

See Secs. 3309a, 2505 , 2506. 

37 O. S. 556. 36 W. L. B. 355. 

Sec. 3438. [Who may grant authority to construct same; pro¬ 
viso. 67 v. 10, Sec. 1; R. S. of 1880; 80 v. 174; Repealed 96 v. 96^ 
Sec. 231.] 

See Sec. 1536-183 et seq. 

As amended 80 v. 173, held to be unconstitutional C. C. C. & St. L. Ry. Co. v. Urbana, 
B. & N. Ry. Co. 5 C. C. N. S. 583; 16 C. D. 180. 

Sec. 3439. [Written consent of owners of more than one-half of 
feet front necessary.] No such grant shall be made until there is 
produced to council, or the commissioners, as the case may be, the written 
consent of the owners of more than one-half of the feet front of the lots 
and lands abutting on the street or public way, along which it is proposed 
to construct such railway or extension therof; and the provisions of 
sections two thousand five hundred and one and of two thousand five hun¬ 
dred and three to two thousand five hundred and five, inclusive, so far 
as they are applicable, shall be observed in all respects, whether the rail¬ 
way proposed is an extension of an old or the granting of a new route; 
provided, that this act shall not apply to any county containing a city of 
the second grade of the second class. [1883, April 18; 80 v. 173, 175; 
Rev. Stat. 1880; 65 v. 112, § 3; S. & S. 139.] 

As amended 80 v. 173, held to be unconstitutional: 5 C C. N. S. 583; 16 C. D. 180. 

54 O. S. 153. 10 C C. 460. 9 C. C. 596. 3 O. D. 516. 8 C. C. 535. 51 0<"S. 626. T 
C. C. 84. 5 C. C. 609. 19 O. S. 78. 


172 transportation laws of THE STATE OF OHIO. 

Sec. 3439a. [Time after which abutting property owner cannot 
withdraw consent for construction.] Nothing contained in sections 
2502 and 3439 shall permit any persons owning property abutting on any 
street along, in or over which a street railroad is about to be constructed, 
to withdraw his or their consent after an ordinance granting the right 
to construct and operate a street railroad shall have been read the second 
time; provided, a period of at least thirty days has elapsed since the first 
reading of said ordinance in the council or other body authorized to make 
the grant. And where an abutting property holder has been heretofore 
compensated for his consent, or has heretofore withdrawn his consent, 
notwithstanding thirty days has not elapsed since the first reading of the 
ordinance after an ordinance granting the right to construct and operate 
a street railroad has been read the second time in the council or other 
body authorized to make the grant and the grant has been made by the 
council or other public body to a company or individual, pursuant to such 
consents, the grant shall not be held invalid by reason thereof. [95 v * 
475 -] 

Sec. 3440. [Appropriation of property for such railways.] When 

the council or commissioners make such grant, the company or person to 
whom the grant is made may appropriate any property necessary therefor 
when the owner fails to expressly waive his claim to damages by reason 
of the construction and operation of. the railway; 

[Toledo.] And in any city of the third grade of the first class 
any person, persons or company which is authorized to construct and 
operate and has constructed and is operating a street railway, may appro¬ 
priate any property necessary for the purpose of occupying and using 
under section 3438 any existing street railway track or tracks, subject to 
the limitations of said section, and for not more than one-eighth of the 
entire distance between the termini of the route as actually constructed, 
operated and run over, of the appropriating company or person at the 
time appropriation proceedings are begun, such apropriation to be made 
in the mode and manner provided for the appropriation of property in 
part third, title 2, chapter 8, of the Revised Statutes; 

[Cuyahoga county.] And in counties containing a city of the 
second grade of the first class the power to appropriate may be exercised, 
as hereinbefore provided, for the purpose of constructing a street railway 
along a highway occupied by a turnpike or plank road company when 
the person, persons or company authorized to construct such street railway 
cannot agree with such turnpike or plank road company upon the terms and 
conditions upon which such highway may be occupied, and when such 
appropriation will not unnecessarily interfere with the reasonable use of 
such highway by such turnpike or plank road company; provided, noth¬ 
ing herein contained shall affect the rights of property owners to give or 
withhold their consent concerning the right of way for street railroads 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


m 


upon any street or road. [89 v. 349; 87 v. 178; 63 v. 55, § 4; 61 v. 53, 

§ 1] 

50 O. S. 603. 6 C. C. 362. 56 O. S. 8. 55 O. S. 66. 

(3440—1) Sec. 1. [Street railway companies may appropriate 
private property when deemed necessary by directors thereof.] That 

whenever it is deemed necessary by a majority of the directors of any 
domestic or foreign corporation owning or operating or that may here¬ 
after own or operate a street railway in any municipality in this state to 
appropriate private property in such municipality in order to avoid 
dangerous or difficult curves or grades, or unsafe or unsubstantial grounds* 
or foundations or to extend or shorten its railway line, or to provide ad' 
ditional land on which to extend its power plant, 

[Method.] Then such corporation may appropriate so much of 
such private property as may be necessary for the said extension of such 
power plant, or the construction, operation, and maintenance of the tracks,, 
poles, supports, wires, cables and necessary appliances of such railway 
other than power houses, machine shops, stations or substations in the 
mode and manner and subject to the provisions provided for the appro¬ 
priation of property in part third, title 2, chapter 8, of the Revised Sta¬ 
tutes of Ohio. 

[Proviso.] Provided, however, that this act shall not be con¬ 
strued to amend or repeal any existing laws relating to the extension of 
street railway lines within municipalities. [97 v. 106.] 

(3440—2) Sec. 2. [Such corporation may change location of 
any portion of such railway.] For the purposes hereinbefore pro¬ 
vided such corporation may change the location of any portion of its 
railway, whether heretofore made or hereafter made; and for the purpose 
of making any such change, such corporation shall have all the rights,, 
powers and privileges to enter upon private land and make surveys neces- 
sarv to effect such change as fully as railroad companies are permitted to- 
do under the laws of this state. [97 v. 106.] 

Sec. 3441. [The authority controlling the public road must con¬ 
sent.] If the public road along which the railway is to be constructed 
is owned by a person or company, or is within the control or manage¬ 
ment of the board of public works or other public officers, such person,, 
company or officer may agree with the person or company constructing 
the railway as to the terms and conditions upon which the road may be 
occupied. [67 v. 10, § 1.] 

55 O. S. 66. 56 O. S. 7. 

Sec. 3442. [Form of oath in appropriation proceedings.] In case 
of appropriation of property for such purposes, the oath to be admin¬ 
istered to the jury shall be as follows: “You and each of you do solemnly 
swear that you will justly and impartially assess, according to your best 
judgment, the amount of compensation which is due to [here name the 


174 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


owner or owners], by reason of the appropriation of the street or avenue 
[as in the statement described], irrespective of any benefit from any im¬ 
provement proposed by said [here name the company, individual or com¬ 
pany of individuals], and that you will in assessing any damages that may 
accrue to [here name the owner or owners], by reason of the appropria¬ 
tion, other than the compensation, further ascertain how much less 
valuable the lot or lots of said [here name the owner or owners], will be 
in consequence of such appropriation.” And the jury, in ascertaining such 
compensation or damages, shall determine the amount thereof without 
reference to the distinction between a public and a private nuisance, and 
the effect of such distinction upon the right of such owner or owners to 
claim compensation or damages, and the court shall, if requested, so direct 
the jury. [63 v. 55, § 5; S. & S. 138.] 

55 O. S. 66. 

Sec. 3443. [Council, etc., may fix terms and conditions.] Coun¬ 
cil or the commissioners, as the case may be, shall have the power to fix 
the terms and conditions upon which such railways may be constructed, 
-operated, extended and consolidated. [67 v. 10, § 1 ; 66 v. 140, §1.] 

36 o. s. 239 . 

Sec. 3443a. [Watchmen at street crossings, intersections and 
corners.] Whenever any street railways are operated by electricity, 
cable, compressed air, or any motive power other than horses or mules, 
in any municipality, the board of legislation or council of such munici¬ 
palities shall have the power by ordinance to require the owners or opera¬ 
tors of any such street railways to place watchmen at any street crossings, 
intersections or corners which such board of legislation or council may 
■deem dangerous; and to provide for the proper enforcement of such 
•ordinances by penalties in the way of fine or imprisonment, or both, which 
may be imposed upon the owner, officer, or operator of such street rail¬ 
ways or by a penalty of not exceeding $100 per day, which may be 
recovered by such municipalities in a civil suit against the owners or 
•operators of any such street railway failing to place such watchman as 
may be required. [89 v. 346.] 

(3443—1) Sec. 1. [Establishment of street railroad route in cities 
first grade, first class (Cincinnati), made valid.] That in all cases 
where in cities of the first grade of the first class the council has hereto¬ 
fore, by ordinance, established any street railroad route and declared the 
conditions upon which a street railroad should be constructed and operated 
upon and along such route, and due publication of a notice has been made 
•calling for proposals to construct and operate such street railroad to be 
awarded to the corporation, individual or individuals that should agree 
to carry passengers thereon at the lowest rates of fare, and the proposal 
•of a bidder who obtained and filed the written consents of the owners of 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


175 


the majority of the feet front of property on each street on the line of the 
Toute has been accepted thereon, and an ordinance passed granting to 
such bidder the franchise to construct and operate such street railroad, 
;and such bidder has accepted the same and entered into a written contract 
with such municipal corporation to construct and operate such street rail¬ 
road, such ordinance, grant, contract and franchise shall be deemed and 
held, in all respects, to be valid and binding, notwithstanding the sub¬ 
mission of another bid at such, letting by a bidder proposing to carry pas¬ 
sengers on such route at a lower rate of fare, who failed and neglected 
to obtain and file the written consent of any of the property owners on 
the line of said route. [88 v. 303.] 

o C. C. 609. 

(3443—2) Sec. 2. [Authorizing municipal authorities to grant 
permission to extend tracks, etc.] In cities of the first grade of the 
.first class the board of city affairs or board of public improvements, or their 
.successors in office, may, by resolution, grant permission to any corpora¬ 
tion, individual or company owning or having the right to construct any 
street railroad, to extend their tracks and route subject to such provisions 
of sections 3437, 3438, 3439, 3440, 3441, 3442 and 3443 of the Revised 
"Statutes as are applicable and not in conflict herewith, on any street or 
■streets when such board may deem such extension beneficial to the public; 

[Fare not to be increased on account of extension, etc.] And 
when any such extension is made, the charge for carrying passengers on 
:anv street railroad so extended, and its connections made with any other 
road or roads by consolidation under existing laws, shall not be increased 
bv reason of such extension or consolidation. [88 v. 303.] 

(3443—3) Sec. 1. [Forward vestibule of car must be screened 
and heated.] Every electric street car other than trail cars, which 
are attached to motor cars, shall be provided, during the months of No¬ 
vember, December, January, February and March of each year, at the 
forward end with a screen constructed of glass or other material, which 
•shall fully and completely protect the driver or motorman or gripman or 
other person stationed on such forward end and guiding and directing the 
motor power by which they are propelled, from wind and storm, and the 
space provided on such car for such person shall during the said months 
be provided with a sufficient heating device to maintain a temperature at 
all times not below 60 degrees Fahrenheit. [98 v. 5 ; 90 v. 220.] 

(3443_4) Sec. 2. [Penalty for failure to provide screens.] Any 

person, agent or officer of any association or corporation violating the 
provisions of this act shall, upon conviction, be fined in any sum not less 
than $25 nor more than $100 for each day each car belonging to and 
used by any such person, association or corporation is directed or per¬ 
mitted to remain unprovided with the screen required in section one of 
this act; 


176 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


[Duty of prosecuting attorney.] And it is hereby made the duty 
of the prosecuting attorney of each county in this state to institute the 
necessary proceedings to enforce the provisions of this act. [90 v. 220.] 

52 O. S. 88. 

(3443—5) Sec. 1. [Intersecting street railroads; repair of cross¬ 
ings.] Where the tracks of two street railroads cross each other or in 
any way connect at a common grade, when one or both such street rail¬ 
roads use other than horse power for propelling their street-cars, the cross* 
ings shall be made and kept in repair at the joint expense of the companies 
owning the tracks, 

[Stopping of cars at crossing.] And all such cars used on said 
street railroads shall come to a full stop, not nearer than ten feet nor 
further than fifty feet from the crossing, and shall not cross until the way 
is clear; and when two or more cars approach the crossing at the same 
time the car or cars on the road first built shall have precedence. [88 v. 

581.] 

(3443—6) Sec. 2. [Street cars must come to full stop when ap¬ 
proaching intersecting steam railway, etc.] That whenever the 

tracks of any street railroads in this state cross the tracks of any steam rail¬ 
way at grade, the street railway company operating said line of cars shall 
cause their street-cars to come to a full stop not nearer than ten feet nor 
further than fifty feet from the crossing, and before proceeding to cross 
said steam railway tracks, shall cause .some person in their employ to go 
ahead of said car or cars and ascertain if the way is clear and free from 
danger for the passage of said street-cars, and said street railroad cars 
shall not proceed to cross until signaled so to do by such person so em¬ 
ployed as aforesaid, or said way is clear .for their passage over said tracks. 
[88 v. 581.] 

( 3443 — 7 ) Sec. 3. [Penalties.] Every person in charge of any 
street-car or cars who wilfully fails to comply with the provisions of this 
act, and fails to bring said car or cars which he has in charge to a full 
stop, or cause the same before the way is clear, or signaled so to do to 
cross said steam railroad tracks, shall be personally liable to any person 
injured bv reason of such failure as aforesaid to a penalty of one hun¬ 
dred dollars, to be recovered by civil action at the suit of the state of Ohio, 
in the court of common pleas of any county wherein such crossing or 
connection is, and the company in whose , employ such person having 
charge of said car or cars is, as well as the person himself shall be liable in 
damages to any person or persons injured in person or property [having 
charge of such car or cars] as aforesaid. [88 v. 581.] 

(3443—8) Sec. 1. [Construction, etc., of street railroads outside 
of municipalities.] Companies incorporated under section 3236 of the 
Revised Statutes of Ohio for such purposes may construct, maintain and 
operate electric street railroads or street railroads using other than animal 
power as a motive power for the transportation of passengers, packages. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 177 

-express matter. United States mail, baggage and freight upon the high¬ 
ways in the state outside of municipalities or upon private rights of way. 
[95 v. 539; 91 v. 285.] 

10 C. C. 168. 4 N. P. 399. 6 O. D. 513. 

( 3443 — 9 ) Sec. 2. [Occupancy and use of public highways.] All 

.such company shall have power to occupy and use for their tracks, cars and 
-necessary fixtures and appliances, the public highways outside of cities 
and villages with the consent of the public authorities in charge of or 
•controlling such highways, and with the written consent of a majority, 
measured by the front foot, of the property holders abutting on each of 
*such highways. [91 v. 285.] 

(3443—10) Sec. 3. [Interurban railroads given right of eminent 
domain. ] All companies organized for the construction and operation 
•of interurban railroads, using any motive power other than animal power, 
:shall, when necessary to enter upon and use private property in such 
'construction and operation outside of municipalities, have the same power 
.and right of eminent domain as is now possessed by steam railroad com¬ 
panies. [91 v. 285; 95 v. 539.] 

(3443—n) Sec. 4. [Leases, purchases and traffic arrangements.] 

.Such companies shall have power to lease, purchase or make traffic arrange¬ 
ments with any other street railroad company as to so much of its tracks 
.and other property as may be necessary or desirable to enable them to 
center or pass through any city or village, upon the same terms and con¬ 
ditions applicable to other street railroads. And any existing street rail- 
Toad company owning or operating a street railroad shall receive the 
•cars, freight, packages or passengers of any other road upon the same 
terms and conditions as they carry for the general public. [91 v. 285.] 

(3443—12) Sec. 5. [Consolidation.] Such street railroad com¬ 
panies may consolidate on the terms and conditions applicable to the con¬ 
solidation of railroad companies; provided, however, no increase of fare 
.shall be allowed on any street railroad route by reason of such consolida¬ 
tion. [91 v. 285.] 

(3443—13) Sec. 6. [Regulations and powers.] Such companies 
■shall be subject to the same regulations now provided for street rail¬ 
roads, in so far as the same are applicable, and shall have all the powers, 
in so far as they are applicable, that other street railroad companies have. 
[91 v. 285.] 

(3443 _16) Sec. 2. [Consolidation of electric railroad com¬ 

panies.] When the lines of a road of any street railroad company 
.or railroad company, organized under the laws of this state, are con¬ 
structed or in process of construction, and are or will be operated by 
^electricity, and connect, or will or can be made to connect with the lines 
12 i\ L. 


178 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


of another street railroad company or railroad company, formed by the- 
consolidation of companies organized under the laws of this state, or by 
the consolidation of a company organized under the laws of this state 
and a company organized under the laws of an adjoining state, whose 
lines of road are constructed or in process of construction, and are 
or will be operated by electricity, so that cars may pass over such lines- 
of roads continuously, without break or interruption, such street rail¬ 
road or railroad company and such consolidated stieet lailroacl com¬ 
pany or railroad company, may consolidate themselves into a single com¬ 
pany in the same manner and with like effect as is provided for the 
consolidation of railroad companies in sections 338o<4> 33^1? 33^ 2 > 33&3>- 
3384, 3385, 3386, 3387, 3388, 3390, 3391 and 3392 of the Revised Stat¬ 
utes of Ohio, and any and all acts amendatory and supplementary to- 
said sections and each of them, all of which are adopted and made a 
part of this act; provided, however, that companies owning and oper¬ 
ating' competing lines of road shall not consolidate under this act, but 
the provisions herein as to companies owning competing lines of road, 
shall not apply to companies whose lines of road are nearly or wholly 
situate in any municipal corporation of his state. [88 v. 493- § 2 5°5^ * 
89 v. 406; 92 v. 277; 95 v. 510, § 2; 97 v. 570.] 

(3443—17) . R. S. Sec. 2505c. [Use of street railway tracks for 
operation of passenger cars of other railway company, etc.] When¬ 
ever any railway company is incorporated and organized under the laws- 
of this state for the purpose of building, acquiring, owning, leasing,, 
operating and maintaining, a railroad or railroads to be operated by 
electricity or other motive power from one municipal corporation or 
point in this state, to any other municipal corporation, municipal cor¬ 
porations, or point in this state, it shall have an authority to make an 
arrangement or agreement with, any street railway company or com¬ 
panies owning or operating any street railway or railways in any such- 
municipal corporation or corporations, and said street railway company 
or companies shall have authority to make and enter into such arrange¬ 
ment or agreement with said railway company, whereby the passenger 
cars of such railway company may be run and propelled over and along 
the tract or tracts of such street railway company or companies, for such 
compensation and upon such terms as may be agreed upon in the same- 
manner, upon the same conditions and for the same length of time as the 
cars owned or operated by said street railway company or companies 
are operated in such municipal corporation or corporations. The said 
cars of said railway company shall while they are running and being 
operated over and along the tract or tracts of such street railway com¬ 
pany or companies in any such municipal corporation be entitled to 
all the privileges and subject to all the obligations enjoyed and imposed 
by and upon the cars of such street railway company or companies 
owning or operating its cars in any such municipal corporation, and’ 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


179 


j-liall be operated only by the same motive power with which the cars 
of such street railway company or companies are or may be operated. 
Such arrangement and ag-cement, when authorized by not less than 
two-thirds in amount of me stock holders of each company proposing 
to enter into such arrangement and agreement, ratified bv a majority 
of the directors and executed by the proper officers thereof, shall give 
to such railway company full authority to operate its said cars on 
the tracks of said street railway company or companies in such municipal 
corporation or municipal corporations. Provided that it shall not be 
necessary for such railway company, in case it uses in any such municipal 
corporation or municipal corporations, only the tracks of a street rail¬ 
way company or companies owning or operating a street railway or 
railways within such municipal corporation or municipal corporations 
to obtain any additional grant, franchise or right, except by said arrange¬ 
ment or agreement with said street railway company or companies. Pro¬ 
vided further, that the fare charged by said railway company for trans¬ 
porting passengers within the municipal corporation or municipal cor¬ 
porations, shall not be greater than that fixed in the franchise or franchises 
held or owned by such street railway company or companies; and where 
there is a public park or cemetery on the line of such railway, and within 
one mile of, and owned by, such municipal corporation, such company 
shall for such fare so transport passengers to and from said park or 
cemetery the same as though either was within the limits of such cor¬ 
poration. [91 v. 379.] 


INCLINED PLANE RAILWAYS. 

Sec. 3444. [Powers of incline plane railway companies.] An 

inclined plane railway company may construct, operate and maintain an 
inclined plane railway, for the conveyance of passengers and freight, 
or either, with such offices, depots and other buildings as it may deem 
necessary, and may establish and maintain a park or pleasure grounds, 
and for such purpose may acquire and hold real estate. [73 v. 229, § 2.] 

Sec. 3445. [How street crossings to be made.] When the part 
of the railway of such company which is operated by steam power crosses 
a public street or highway, it must pass either over or under such street or 
highway,-and. shall he constructed in such manner, and at such distance 
above or below the same as not to obstruct the ordinary use of such 
street or highway. [73 v. 229, § 10.] 

SHIP CANAL COMPANIES. 

(3445— i ) Sec. 1. [Power of ship-canal company to lay out, con¬ 
struct, maintain and operate ship-canal and necessary appurtenances.] 

A ship-canal company, now existing or hereafter created, may lay 
out, construct, maintain and operate with any kind of motive power a 


180 


TRANSPORTATION LAWS OF THE STATE OF OHIO, 


ship-canal, together with all such locks, dams, tow-paths, branches, basins, 
tunnels, aqueducts, feeders to supply water from any lakes or rivers, 
reservoirs, cuttings, apparatus, appliances, and machinery as it may 
deem necessary, between the points named in the articles of incorporation. 

[Terminus upon state line.] And when a terminus named in 
the articles of incorporation is upon the boundary line of the state, section 
3271 of the Revised Statutes shall apply to said company. [92 v. 410.] 

(3445—2) Sec. 2. [Change of line, grade or termini or extension 
into and through adjoining state.] Any such company may change the 
line or grade of its canal and branches thereof, and either of the pro¬ 
posed termini of such canal and branches, in the manner and subject 
to the provisions, conditions and limitations contained in sections 3272, 
3273, 3274, 3275, 3276, 3277, and 3278 of the Revised Statutes, which 
said sections are hereby made applicable to ship-canal companies, and 
may extend its canal and branches thereof into and through any adjoin¬ 
ing state, under the regulations which may be prescribed by such adjoining 
state; and the rights, powers and privileges of such company over such 
extension, in the construction and use of such canal and branches, and 
in controlling the property and applying the money and assets thereon, 
shall be the same as if such canal and branches were built wholly in this 
state, [92 v. 410.] 

(3445—3) Sec. 3. [General rights of company.] Any such com¬ 
pany shall have the right to enter upon any land for the purpose of 
examining and surveying the lines of its canal and branches; to acquire — 
by purchase, appropriation, or otherwise, all such lands as are neces¬ 
sary and proper for the making, preserving, maintaining, operating and 
using the canals, and other works and appliances of the company; to 
make, maintain and alter any places or passages over, under, or through, 
the said canal or any of its branches and connections; to relocate, alter, 
move, divert, rebuild, or change the grade of any bridge, street, highway, 
turnpike, road, tramway, railroad, pipe-line, conduit, or other avenue 
of transportation, either public or private; or any electric telegraph or 
telephone line, or electric wire, main, or conduit, or any water, gas, or 
steam-pipe, or sewer, drain, culvert, or tunnel, the present location of 
which may be or lie in, upon, across, under, or contiguous to the com¬ 
pany’s intended canal or works, and which may obstruct, prevent or 
interfere with the proper construction, maintenance, and operation thereof; 
to acquire by purchase, appropriation, or otherwise, any and all lands nec¬ 
essary for relocating and moving any of the structures aforesaid; to 
obtain by purchase, appropriation, or otherwise, and use, during the 
construction and operation of said canal and its branches, from the 
rivers, lakes, brooks, streams, watercourses, reservoirs, and other sources 
of water-supply, adjacent or near to any such canal, or its branches, 
water sufficient for the purpose of constructing, maintaining, operating 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


181 


and using such canal and its branches and works, and sufficient to establish 
and maintain a current at the average rate of three miles per hour through¬ 
out the navigable channels of such canal; to control and regulate the 
fluctuations of the lakes, rivers, and creeks by regulating and overflow 
dams and weirs; to raise and lower the water-surface in the lakes and 
rivers; to control and regulate the flood-waters of rivers and creeks 
adjacent to such canal or its branches, by directing or impounding 
them as may be necessary; to divert or alter, either temporarily or per¬ 
manently, the course of any river, stream, creek, brook, or watercourse 
where the same is necessary to the making, maintaining, and operating of 
such canal and its branches; to erect, maintain and operate dams, regulating 
dams, weirs, conduits, channels, diversion channels, cuttings, ditches, 
trenches, tunnels, reservoirs, basins, aqueducts, and other works neces¬ 
sary to the purposes of such company; to condemn, appropriate, pur¬ 
chase, acquire, and remove any dam, pier, wharf, bridge, causeway, 
trestle, wall, embankment, or other artificial work or natural obstacle 
which obstructs, interferes with, or threatens the free navigation, or 
use and operation and maintenance of such company’s canal and branches, 
and the .safe and easy entrance and exit of vessels to and from the 
same; to construct, maintain and operate, use, lease or otherwise dispose 
of terminals, harbors, wharves, piers, dock elevators and warehouses 
upon said canal, or upon lakes, adjoining or near the same or connected 
therewith by waterways, natural or artificial; to lay out and lease, or 
otherwise dispose of water-lots, and use, lease, sell or otherwise dispose 
of water brought by or for the said canal, and produce, lease, and supply, 
or otherwise dispose of hydraulic, electric, or other kinds of power in 
connection with the works of such company; to acquire and use and 
dispose of steamers, tugs, boats, barges, and other vessels for the pur¬ 
poses of said canal, and propel vessels of all kinds, in and through the 
said canal by any kind of power and force; to erect, maintain and operate 
such structures, machinery and appliances as are necessary to produce 
the force and power required to operate such canal and branches; to 
open, cut and erect such ponds and basins for the laying up and turning 
of vessels, boats, or rafts using the canal, and at such portions thereof 
as they may deem expedient; to build and erect such dry-docks, slips 
and machinery therewith for the hauling out and repairing of such ves¬ 
sels as they think proper, and make and provide apparatus and appliances 
for the raising and clearing away of wrecked or sunken vessels and 
for the floating of sunken and grounded vessels, and lease and hire 
the same on such terms as they deem expedient, or operate the same 
bv their servants and agents; to construct, or acquire and maintain 
and operate electric telegraph and telephone lines, and electric light 
poles, wires, machinery and apparatus for the purpose of the economic 
and convenient construction and operation of such canal and branches; 
to, acquire, by license, purchase, or otherwise, the right to use any 


182 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


patented invention for the purpose of constructing and operating such* 
canal and .branches, and to again dispose of the same; to construct, 
make and do all such matters and things necessary or proper for the 
making, completing and properly maintaining and operating such canal 
and branches, and carrying out in other respects the objects of such 
company. 

[Reconstruction of changed structures, etc.] Provided, that 
whenever such company shall find it necessary to relocate, alter, move, 
divert, rebuild or in any manner change any bridge, street, highway, 
turnpike, or other avenue of travel or transportation, either public or 
private; or of any electric telegraph or telephone line, or electric wire, 
main, or conduit, or any water, gas, or steam-pipe, or sewer, drain, 
culvert or tunnel it shall cause the same to be properly reconstructed 
forthwith, at its own expense, and on the most favorable location pro¬ 
curable, and with the least possible interruption to the convenient use 
of such structure. [92 v. 410.] 

(3445—4) Sec. 4. [Occupancy and use of stream; appropriation 
of necessary lands.] Such company may enter upon and into and 
occupy and use any part or all of any river, creek or stream upon and 
along the route of its canal and branches, and may enter upon lands 
on the route adjoining or in the neighborhood of its canal and branches, 
and appropriate so much thereof as may be deemed necessary for such 
canal and. branches, including all buildings and improvements mentioned 
in section 3 of this act, materials for construction and rights of way 
sufficient to enable it to construct and repair its canal and branches. 
[92 v. 410.] 

(3445—5) Sec. 5. [Occupancy and use of public way or public 
ground.] If it be necessary in the location of a canal, or branches 
thereof, to occupy any public road, street, alley way or public ground 
of any kind or any part thereof, the right to occupy and use the same 
may be acquired in the manner and under the conditions and subject to 
the restrictions and obligations provided and contained in section 3283 
of the Revised Statutes, which is hereby made applicable to ship-canal 
companies. [92 v. 410.] 

(3445—6) Sec. 6. [Compensation for appropriated property.] No 

appropriation of property to the use of such company shall be made until 
full compensation therefor is made in money or secured by deposit of 
money, to the owner, to be assessed by a jury without deduction for 
benefits to any property owner, as prescribed by law. 

[Provision governing appropriation.] Such appropriation of 
property shall be made according to the provisions of title two (2), 
chapter (8), of the Revised Statutes, and the acts amendatory thereof 
and supplementary thereto. [92 v. 410.] 

( 3445 — 7 ) Sec. 7. [Bonds.] A company may issue bonds, con- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


183 


vertible or otherwise, bearing a rate of interest not exceeding* seven per 
centum per annum, to an amount not exceeding the amount of its cap¬ 
ital stock actually subscribed, for one or more of the following pur¬ 
poses : Completing or extending its canal, constructing branch canals, 
constructing necessary buildings or improvements, enlarging or deep¬ 
ening its canal or branches, paying- its unfunded debts, or redeeming 
its bonds; and it may secure the bonds issued for such purposes by 
mortgage on its .property or otherwise, by complying with the provi¬ 
sions of section 3286 of the Revised Statutes, which is hereby made 
applicable to ship-canal companies and to ship canals. [92 v. 410.] 

(3445 8) Sec. 8. [Loans.] A company may borrow money on 

terms, for the purposes and subject to the conditions and restrictions 
contained in section 3287 of the Revised Statutes. [92 v. 410.] 

( 3445 — 9 ) Sec. 9. [Mortgage or pledge securing loans.] Such 
mortgage or pledge may be made in the manner provided by section 
.3288 of the Revised Statutes, and when made may be recorded as 
provided in section 3289 of the Revised Statutes, and when so recorded 
shall constitute a lien as in said section 3289 provided. [92 v. 410.] 

(3445—10) Sec. 10. [Increase of capital stock.] A company may 
increase its capital stock whenever in the opinion of the directors such 
increase is desirable and necessary to the purposes of the.company, by 
complying with the provisions of section 3308 of the Revised Statutes, 
and such increased stock may be “common” or “preferred,” as pro¬ 
vided by and under the conditions and restrictions named and contained in 
sections 3309 and 3309b of the Revised Statutes. 

[Limit on amount of stock and bonded indebtedness.] Provided, 
that the aggregate amount of the capital stock and bonded indebtedness 
•of the company shall never exceed the sum of six hundred thousand 
dollars per mile of its main and branch canals. [92 v. 410.] 

( 3445 — JI ) Sec. 11. [Principal or general office.] Each company 
shall as soon as convenient after its organization, establish a principal or 
geneal office on [at] some point on the line of its canal, and may change 
the same at pleasure, and shall give public notice of such establishment 
or change, in some neswpaper published on its line, within this state. 

[Officers’ office; record of proceedings.] And the office of the 
president, secretary and treasurer of the company shall be kept at such 
principal or general office, or at some other point on the line of the canal 
within the state, and a record kept there of all thq proceedings of the 
company, to be open at reasonable hours to the inspection of any stock¬ 
holders of the company. [92 v. 410.] 

(3445—12) Sec. 12. [Securities sold to, and liability of directors.] 
The provisions of sections 3313 and 3314 of the Revised Statutes shall 
apply to ship-canal companies. [92 v. 410.] 


184 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


(3445—!3) Sec. 13. [Consolidations.] When the canals of any 
ship-canal companies in this state are so constructed as to permit the passage 
of ships, boats or vessels into and through any two or more of such canals 
continuously, without break or interruption, such companies may consoli¬ 
date themselves into a single company ; and any company organized in this 
state for the purpose of constructing, owning, maintaining and operating" 
a ship-canal to the boundary line of the state, or to any point either in 
or out of the state, may consolidate its capital stock with the capital stock 
of any company in an adjoining state, organized for a like purpose, and 
whose canal has been projected to the same point, where the several canals- 
when constructed will form a continuous canal. [92 v. 4 10 -] 

( 3445 — 14 ) Sec. 14. [Provisions governing consolidations and 
consolidated companies.] The consolidations shall be made in accord¬ 
ance with the provisions of sections 3381, 3382 and 3383 of the Revised Stat¬ 
utes, and the consolidated companies shall be entitled to all the rights and 
benefits, and be subject to all the requirements and restrictions imposed 
by sections 3384, 3385, 3386, 3388, 3388a, 3390, 3391 and 3392 of the Re¬ 
vised Statutes, all the above sections are hereby made applicable to ship- 
canal companies. [92 v. 410.] 

(3443— 15) Sec. 15. [Applicability of laws for protection of prop¬ 
erty, and relating to officers, agents, employes and police.] All laws 
for the protection of railroads and their property, and relating to or enforc¬ 
ing the duties and obligations of officers, agents and employes of rail¬ 
road companies, and relating to the appointment, powers and duties of* 
railroad police, shall be applicable to the canals, property, officers, agents, 
and employes of ship-canal companies. [92 v. 410.] 

(3443— 15a) Sec. 15a. [Powers of company incorporated under 
laws of another state or United States.] Any company now existing - 
or hereafter created under the laws of another state, or of the United' 
States, for the purpose of constructing, maintaining and operating, with' 
any kind of motive power, a ship canal partly within such other state and 
partly within this state, may exercise and enjoy within this state all its- 
powers, privileges, faculties and franchises for the purpose of such ship 
canal and its business, not inconsistent with the laws of this state; and' 
such companies shall be entitled to all the rights and privileges granted,, 
and be subject to all the requirements and restrictions imposed by sec¬ 
tions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 15 of an act passed' 
April 27, 1896, entitled “An act to provide for the regulation of ship- 
canal companies and to define the powers thereof,” which said sections- 
are hereby made applicable to such ship canal companies. [98 v. 15i.l1 

UNION DEPOT COMPANIES. 

Sec. 3446. [Who may file articles of incorporation.] The presi¬ 
dents of two or more railroad companies running railroads to the same 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 185* 

aty, town, or village, may by the consent and under the direction of their 
respective boards of directors, file articles of incorporation in the office 
of the secretary of state, for the purpose of purchasing depot grounds,, 
and locating, constructing and maintaining a common or union station 
house and passenger depot, and a union railroad by two or more tracks- 
connecting the railroads of such companies for business purposes [6c 
v. 63, § i ; S. & S. 122.] 

Sec. 3447. [The articles of incorporation.] The articles of in¬ 
corporation shall specify— 

1. The name assumed by such company. 

2. The names of the companies, and the city, village, or town where 
such depot and connection tracks are proposed to be constructed. 

3. The ^amount of capital stock neecssary to obtain a site and con¬ 
struct and maintain such depot and tracks. 

I he articles, signed by the presidents in behalf of the companies, with 
the corporate seals of the companys annexed thereto, shall be forwarded 
to the secretary of state, who shall record and preserve the same in his 
office; a copy thereof, duly certified by the secretary of state, shall be 
evidence of the existence of such company; and thereafter such company 
may contract and be contracted with, sue and be sued, locate and take 
releases of right of way and depot grounds, and appropriate so much 
land as may be necessary for such depot and tracks. [65 v. 63, § 1; 
S. & S. 122.] 

Sec. 3448. [Stock owned in equal proportion; powers.] The 

companies whose boards of directors authorize the filing of the articles 
of incorporation, or assent thereto, shall each be held to own and be 
liable to pay an equal proportion of the capital stock; and the provisions 
of section three thousand two hundred and eighty-one, shall be applicable 
to such company. [65 v. 63, § 2; S. & S. 122.] 

Sec. 3449. [Who to be directors of the company.] The presi¬ 
dent of each company which enters into such arrangement shall ex-officio, 
be a director in the union company, unless the board of directors of such 
company appoint some other person as director; all questions which 
effect pecuniary liabilities and expenditures shall require the concur¬ 
rence of two-thirds of all the directors; all officers, agents, and employees 
of the union company, shall be appointed by the concurrence of all the 
members of the board, and may be discharged by any two members 
thereof, and the board shall keep a record of its proceedings, which shall 
be open to the inspection of the stockholders and directors of the com¬ 
panies. [65 v. 63, § 3; S. & S. 122.] 

Sec. 3450. [By-laws, rules and regulations.] The board may 
pass by-laws, rules and regulations, not inconsistent with the charters 
of the companies, for its government, and for the regulation of the 
depot, depot grounds and the business thereof, and shall appoint such 


180 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

officers and agents as may be necessary; it shall adopt, and post con¬ 
spicuously in the passenger house, such rules and regulations as will 
control the conduct of all runners, solicitors, hackmen and drivers of 
vehicles; and the officers and agents of the company shall have the 
same authority to arrest and bring to justice pickpockets, thieves and 
persons who violate the public peace, and persons who violate any such 
rules and regulations so posted, and persons who commit crimes and 
misdemeanors while on the depot grounds, as constables have by law 
within their respective townships. [65 v. 63, § 3; S. & S. 122.] 

Sec. 3451. [Liability of the several companies.] The several 
companies represented by the union company shall be jointly liable to 
the public, and all persons who contract with the union company, for all 
contracts made and damages caused by the union company, and, as 
between themselves, shall be liable to each other in the proportion of the 
interest of each in the union property, and for all damages, costs and 
expenses, which arise from the fault or neglect of their respective officers 
and employes of such union company. [65 v. 63, § 5; S. & S. 123.] 

Sec. 3452, [Certain laws applicable to companies.] All laws for 
the protection of railroads and their property, and relating to or enforc¬ 
ing the duties and obligations of officers, agents and employes of rail¬ 
road companies to the public and to railroad companies, or to 
either, shall be applicable to the railroad tracks, property, officers, agents 
end employes of such union company. [65 v. 63, § 5 ; S. & S. 123.] 

Sec. 3453. [Power to borrow money and issue, secure and sell 
notes or bonds.] Any such company shall have power to borrow 
money for the purpose of raising means to carry out the powers con¬ 
ferred bv the act authorizing the incorporation of union depots without 
reference to the amount of stock of such company, and may issue coupon 
or other bonds payable to bearer, bearing interest not exceeding the 
highest contract rate of interest which may be allowable in this state, 
at the time; such interest to be payable semi-annually, and such com¬ 
pany may also mortgage its franchises, property and revenues of every 
kind, then owned or subsequently to be acquired, to secure the payment 
of such loan and interest, or of such bonds and interest; and the stock¬ 
holders of such company may guarantee the payment of any notes or 
bonds the company lawfully issues, and it may dispose of the same at 
such rate of premium or discount, as the directors may deem best for its 
interest. [92 v. 118; 65 v. 191, §1; S. & S. 123.] 

MAGNETIC TELEGRAPH COMPANIES. 

Sec. 3454. [Powers of companies.] A magnetic telegraph com¬ 
pany heretofore or hereafter created may construct telegraph lines, from 
point to point, along and upon any public road, by the erection of the 
necessary fixtures, including posts, piers and abutments necessary for the 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


187 


w^es; but the same shall not incommode the public in the use of such 
xoad. [50 v. 274, § 47; S. & C. 299.] 

36 O. S. 297. 2 C. C. 259. 48 O. S. 390. 51 O. .S. 348. 

Sec - 3455 - [Powers of telegraph companies; unlawful to contract 
for exclusive right of way.] Any such company may construct, own, 
use and maintain any line or lines of magnetic telegraph whether de¬ 
scribed in its original articles of incorporation or not, and whether such 
line oi lines are wholly within or partly beyond the limits of this state 
and may join with any other company or association in conducting, leas- 
ing, owning, using or maintaining such line or lines upon such terms as 
may be agreed upon between the directors or managers of the respective 
companies ; and such companies may own and hold any interest in any 
such line or dines or may become lessees of such line o.r lines, upon such 
terms as may be agreed upon; but it shall be unlawful for any such 
-company or companies, and the owner or owners of rights of way to 
contract for the exclusive use thereof for telegraphic purposes. [1880, 
April 15; 77 v. 264; Rev. Stat. 1880, 62 v. 72, § 6; S. & S. 154.] 

Sec. 3456. [May enter upon and appropriate land.] Any such 
-company may enter upon any land, whether held by an individual or a 
•corporation, and whether .acquired by purchase or appropriation, or in 
virtue of any provision in its charter, for the purpose of making pre¬ 
liminary examinations and surveys with a view to the location and erection 
“of lines of magnetic telegraph, and may appropriate so much thereof as 
may be deemed necessary for the erection and maintenance of its tele¬ 
graph poles, piers, abutments, wires and other necessary fixtures, and for 
stations, and the right of way over such lands and adjacent lands suffi¬ 
cient to enable it to construct and repair its lines. [62 v. 72, § 1; S. & 

■s. 153] 

See note to Smith v. Telegraph Co., 2 C. C., 259, under § 3454. 

Sec. 3457. [Limitation upon such authority.] No such company 
•shall, without the consent of the owner thereof, in writing, enter a build¬ 
ing or edifice, or use or appropriate any part thereof, or erect any tele¬ 
graph pole, pier or abutment in any yard or inclosure within which an 
edifice is situate, nor, in cases not provided for in section three thousand 
four hundred and sixty-one, erect any telegraph pole, pier, abutment, 
wires, or other fixtures, so near to any edifice as to occasion injury thereto, 
or risk of injury, in case such pole, pier, or abutment be overthrown, nor 
injure or destroy any fruit or ornamental tree. [62 v. 72, § 1 ; S. & 

s. i S3-] 

See note to Smith v. Telegraph Co., 2 C. C. 259, under § 3454. 

Sec. 3458. [When the land to be appropriated is held by a cor¬ 
poration.] When lands sought to be appropriated for lines of mag¬ 
netic telegraph are held by a corporation incorporated under any law of 



188 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


this state, whether held by purchase or in virtue of any appropriation 
authorized by its charter or by any law of this state, the right of the 
company to appropriate such lands, shall be limited to such use of the 
same as shall not, in any material degree, interfere with the practical 
uses to which the company is authorized to put such lands under its 
charter; and no such company shall erect poles, piers, abutments, wires, 
or other necessary fixtures, in such close proximity to any other line of 
magnetic telegraph authorized by law to be constructed as to interfere 
mechanically with the practical working of such telegraph. [62 v. 72, § 
2; S. & S. 153.] 

Sec. 3459. [When such land is held by a railroad company.] 

The right of such company to use lands held by a railroad company, for 
the permanent structures of such telegraph, shall be limited to the land 
which lies within five feet of the outer limits of the right of way of the 
railroad company, where it is practicable to erect the line within those 
limits; when the company seeks to appropriate lands that lie beyond those 
limits its petition must set forth the facts showing that it is impractica¬ 
ble to erect such line within said limits, and designate, either by a survey 
and map, or by reference to monuments, or by other means of easy iden¬ 
tification, the place, or places where the company seeks to establish the 
line; the probate court shall, in all instances, determine, if it be contro¬ 
verted by the railroad company, whether the erection of the line at the 
place or places designated will, in any material degree, interfere with the - 
practical uses to which such railroad company is authorized to put such 
land; and if the court is satisfied that it will so interfere, it shall reject the 
petition, or require the structure to be erected at such other place or places 
as the court shall direct; but nothing in this chapter shall be so construed 
as to authorize any company to appropriate the use of the track or rolling 
stock of any railroad company for the purpose of transporting poles, 
materials, or the employes of such telegraph company, or for any other 
purpose whatever. [62 v. 72, § 3; S. & S. 154.] 

Sec. 3460. [When the lands lie in more than .one county.] Pro¬ 
ceedings to appropriate lands to the use of a company, against a defend¬ 
ant whose adjoining or continuous lands lie in more than one county, 
may be instituted in any county in which any part of such lands lie, and 
the damages shall be assessed, in one proceeding in respect of all such 
lands of the defendant sought to be appropriated, whether lying in the 
county wherein the court is sitting or in other counties. [62 v. 72, § 
4; S. & S. 154.] 

Sec. 3461. [How right to use public ground acquired.] When 

any lands authorized to be appropriated to the use of a company are sub¬ 
ject to the easement of a street, alley, public way, or other public use, 
within the limits of any city or village, the mode of use shall be such as 
shall be agreed upon between the municipal authorities of the citv or vil- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 189 

lage and the company; and if they cannot agree, or the municipal authori¬ 
ties unreasonably delay to enter into any agreement, the probate court 
•of the county, in a proceeding instituted for the purpose, shall direct in 
what mode such telegraph line shall be constructed along such street, 
alley, or public way, so as not to incommode the public in the use of the 
same; but nothing in this section shall be so construed as to authorize any 
municipal corporation to demand or receive any compensation for the 
use of a street, alley, or public way, beyond what may be necessary to 
restore the pavement to its former state of usefulness. [62 v. 72, § 5; 
S. & S. 154.] 

Held unconstitutional. Zanesville v. Telephone Co., G3 O. S. 442, S. C. 20, C. C. 34; 
■8 N. P. 73. 

5 C. C. 340. ]1 C. C. 55. 5 O. D. 311. 14 C. C. 273. 7 O. D. 536. 

(3461—1) Sec. i. [Lines of electric telegraphs may be con¬ 
structed in any place, so they do not incommode the public.] Any 

person or persons may be and are hereby authorized to construct lines 
of electric telegraphs, from point to point, upon and along any of the 
public roads and highways, and across any of the waters within the limits 
of this state, by the erection of the necessary fixtures, including posts, 
piers, or abutments for sustaining the chords or wires of such lines; 
provided, that the same shall not in any instance be so constructed as to 
incommode the public in the use of said roads or highways, or endanger 
or injuriously interrupt the navigation of said waters; nor shall this act 
be so construed as to authorize the erection of any bridge across any of 
the waters of this state. [45 v. 34.] 

Sec. 3462. [Must receive and transmit dispatches for other lines.] 
Every company, incorporated or unincorporated, operating a telegraph 
line in this state, shall receive dispatches from and for other telegraph 
lines; and from or for any individual; and on payment of its usual charges 
for transmitting dispatches as established by the rules and regulations 
of the company, shall transmit the same with impartiality and good faith, 
under a penalty of one hundred dollars for each case of neglect or refusal 
so to do, to be recovered with cost of suit, by civil action in the name 
and for the benefit of the person or company sending or forwarding or 
desiring to send or forward the dispatch. [1880, April 15; 77 v. 264; 
Rev. Stat. 1880; 62 v. 72, § 8; S. & S. 155.] 

36 O. S. 297. 37 O. S. 301. 8 C. C. 236. 1 O. D. 453. 

Sec. 3463. [When to forward messages by mail.] When the 
person who sends a dispatch desires to have it forwarded over the lines 
of other telegraph companies, whose termini are respectively within the 
limits of the usual delivery of such companies, to the place of final des¬ 
tination, and tenders to the first company the amount of the usual charges 
for the dispatch to the place of final delivery, the company shall receive 
the same, and, without delaying the dispatch, shall pay to the succeeding 
line the necessary charges for the remaining distance; and the succeeding 


190 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


line shall accept the same, and forward the dispatch in the same manner 
as if the sender had applied to it in person, and paid the usual charges, 
and for the omission so to do it shall be liable to a like penalty, as pro¬ 
vided in the last section. [62 v. 72, § 8; S, & S. 1 55 *] 

Sec. 3464. [Agent must indorse dispatch, when.] When appli¬ 
cation is made to any such company to send a dispatch, the officer, agent r 
clerk, or servant appointed by the company to receive dispatches at that 
station shall inform the applicant, and, if required by him, write upon the 
dispatch, that the line is not in working order, or that the dispatches on 
hand for transmission will occupy the time so that the dispatch offered 
cannot be transmitted within the time required, if the facts are so; and 
for an omission so to do, or for intentionally giving false information to- 
the applicant in relation to the time within which the dispatch offered may 
be sent, such officer, agent, clerk, or servant, and the company Dy which 
he is employed, shall incur the penalty provided in section thirty-four 
hundred and sixty-two. [62 v. 72, § 8; S. & S. 155.] 

Sec. 3465. [Penalties for not transmitting or delivering mes¬ 
sage.] Every telegraph company, incorporated or unincorporated,, 
operating any telegraph line in this state, shall transmit and deliver all 
dispatches in the order in which they are received for transmission or de¬ 
livery, under the like penalty of one hundred dollars, as provided in sec¬ 
tion thirty-four hundred and sixtv-two; but arrangements may be made 
with the proprietors or publishers of newspapers for the transmission, for 
the purpose of publication, of intelligence of general and public interest, 
out of its regular order, and dispatches by officers of the state or the 
United States, on public business, may have preference over all private 
business, when the public interest requires such preference; no company 
shall be required to deliver dispatches at a greater distance from the sta¬ 
tion at which they are received than its published regulations require; 
and if an applicant direct a dispatch to be mailed at the place of delivery, 
and offer to pay the necessary postage thereon, the company shall affix 
the necessary postage stamp, and mail the dispatch in time for the first 
mail that departs after such dispatch is received at the office of delivery, 
and for the omission so to do the company shall be liable to a like penalty 
as provided in section thirty-four hundred and sixtv-two. [62 v. 72, § 
9; S. & S. 155. | 

30 O. s. 555 . 

Sec. 3466. [Penalties against persons connected with companies] 

Any person connecter with a telegraph or messenger company, incorpora¬ 
ted or unincorporated, operating a line of telegraph, or engaged in the 
business of receiving and delivering messages in this state, in anv capacity, 
who wilfully divulges the contents or the nature of the contents of a 
private communciation intrusted to him for transmission or delivery, or 
fully delays the transmission or delivery of the same, or who wilfully 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


191 


forges the name of the intended receiver to any receipt for any such mes- 
sage 01 communication, or article of value entrusted to him by said corn- 
pan) with a view to injure, deceive or defraud the sender or intended, 
receiver thereof, or any such telegraph or messenger company, or to benefit 
himself or any other person, shall be imprisoned in the county jail not 
exceeding three months, or fined not exceeding five hundred dollars, at 
the discretion of the court. [94 v. 209; R. S. 1880; 62 v. 72 § 10 • S 
& S. 156.] 

Sec. 3467. [Penalties for knowingly transmitting dispatches 
forged, etc.] A person who knowingly transmits by a telegraph line 
any false communication or intelligence, with intent to injure any person, 
or to speculate in any article of merchandise, commerce or trade, or with 
intent that another may do so, or knowingly sends or delivers a dispatch 
that is forged, or not authorized by the person whose name purports to 
be signed thereto, shall be liable to the same penalty as is provided in 
section thirty-four hundred and sixty-two. [62 v. 72, § 11; S. & S. 156.] 

Sec. 3467a. [Tapping wire.] Whoever shall wilfully and ma¬ 
liciously cut, break, tap, or make any connection with, or read, or copy 
by the use of telegraph or telephone instruments or otherwise in any 
unauthorized manner, any telegraphic message or communication from 
any telegraph or telephone line, wire or cable, so unlawfully cut or tapped 
in this state, or make unauthorized use of the same, or who shall wilfully 
and maliciously prevent, obstruct, or delay, by any means or contrivance 
whatsoever the sending, conveyance, or delivery, in this state, of any un¬ 
authorized telegraphic message or communication by or through any tele¬ 
graph or telephone line, cable or wire under the control of any telegraph or 
telephone company doing business in this state; or who shall wilfully or 
maliciously injure or destroy or intentionally permit to be injured or de¬ 
stroyed, or disconnect, displace, cut, break, tap, ground or make any con¬ 
nection with or in any way wilfully and maliciously interfere with any of 
the poles, cable or wires legally erected, put or strung, electrical apparatus,, 
appliance or machinery of any kind, used in the construction of or in the 
operating of any electrical street railway, or electric light plant, or plant 
used in the producing or generating of electric power in this state ; or who 
shall wilfully or maliciously injure or destroy or intentionally permit t(> 
be injured or destroyed any meter, pipe, conduit, wire, line, post, lamp, 
burner, heater, machine, motor or other appliance or apparatus whatso¬ 
ever belonging to a company engaged in the manufacture or' sale of elec¬ 
tricity for light, heat, power or other purposes, or who shall wilfully or 
maliciously prevent by any means or device whatsoever, any electric meter 
belonging to any corporation furnishing electric current for light, heat,, 
power or other purposes from duly registering the quantity of electricity 
supplied by said company or in any way interferes yvith the proper action 
or just registration by said meter in registering the quantity of electricity 
passing through said meter or alter the index in such meter or, without 
the consent of such company, wilfully or maliciously divert any electric 


192 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


current from any wire of such company, or otherwise wilfully or mali¬ 
ciously uses or causes to be used without the consent of such company 
any electricity manufactured or distributed by such company; or who¬ 
mever, being a customer of said electric light company and having in his 
possession or under his control, a meter belonging to said company, wil¬ 
fully permits any other person, unlawfully and without consent of said 
company, to disconnect, change, alter or interfere with the wires running 
into said meter, so as to divert the electric current and prevent said meter 
from duly registering the quantity of electricity supplied by said com¬ 
pany ; or who shall wilfully or maliciously aid, agree with, employ or 
conspire with any other person or persons to do any of the aforementioned 
unlawful acts shall be deemed guilty of felony and shall be punishable by 
a fine of not more than $1,000 nor less than $50, or by an imprisonment 
in the penitentiary for a period of not less than one year nor more than 
three years, or by both fine and imprisonment within the limits herein¬ 
before specified, at the discretion of the court. Prosecutions under this 
.act shall be by indictment in any court having criminal jurisdiction. [95 
v. 101 ; 90 v. 346; 89 v. 100; 89 v. 52.] 

Sec. 3468. [When and how telegraph structures may be re¬ 
moved.] If, at any time after the erection of a line of magnetic tele¬ 
graph upon lands held by a corporation, the corporation have occasion 
to use the land upon which a telegraph pole, pier, abutment, or other 
fixture has been erected, for any of the purposes authorized by its 
charter, the company shall remove such pole, pier, abutment or fixture, 
to such convenient place as may be designated by the corporation re¬ 
quiring the use of the ground, upon reasonable notice, given in writing, 
and erect the same in such new place so as not to interfere with the 
practical use to which the corporation is authorized to put such land; 
and if it is impracticable to erect a line of magnetic telegraph upon the 
lands of such corporation, in consequence of the uses to which the cor¬ 
poration put the lands, the telegraph company may appropriate adjoining 
lands, by a separate proceeding for that purpose. [62 v. 72, § 12; S. 
& S. 156.] 

Sec. 3469. [How and when repair of structures enforced.] If, 

‘ at any time after the erection of such telegraph line on the lands of a 
corporation, the corporation apprehend danger, or risk of danger, to 
its works or practical operations, in consequence of decay or defect in 
the mode of structure of any of the works of the telegraph company, it 
may require the company upon five days’ notice, in writing, to repair 
such decayed or defective works; or if the danger is imminent, so as 
not to admit of delay, the corporation may, without notice, repaid the 
defect, and recover the reasonable expense thereof, with costs of suit, be¬ 
fore any court of competent jurisdiction. [62 v. 72, § 13; S. & S. 157.] 

Sec. 3470. [How and when telegraph companies may consoli¬ 
date.] Where two or more telegraph companies whose several lines 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


193 


are not parallel or in competition with each other and when so united 
will form a continuous line for receiving and transmitting dispatches, 
desire to consolidate into a single corporation, they may do so in the 
manner and subject to the rules provided in chapter two for the con¬ 
solidation of railroad companies. [1881, February 4: 78 v. 26; Rev. 
Stat. 1880: 50 v. 274, § 48; S. & C. 299.] 

Sec. 3471. [Chapter applies to telephone companies.] The pro¬ 
visions of this chapter shall apply also to any company organized to 
-construct any line or lines of telephone; and every such company shall 
have the same powers and be subject to the same restrictions as are herein 
prescribed for magnetic telegraph companies. 

36 O. S. 297. 48 O. S. 390. 2 C. C. 259. 

Sec. 3471a. [Laws aplpicable to electric light and power and 
automatic package carrier companies.] The provisions of this chap¬ 
ter, so far as the same may be applicable, except section three thousand 
four hundred and sixty-one, shall apply also to any company organized 
for the purpose of supplying the public and private buildings, manu¬ 
facturing establishments, streets, alleys, lanes, lands, squares and public 
places with electric light and power, or automatic package carrier; and 
every such company shall have the same powers, except those given by 
said section three thousand four hundred and sixty-one, and be subject 
to the same restrictions, as are herein prescribed for magnetic telegraph 
' companies. 

[Municipal consent; penalty for violation; application of act, etc.] 

Provided, however, that in order to subject the same to municipal control 
alone, no person or company shall place, string, construct or maintain 
any line, wire fixture or appliance of any kind for conducting electricity 
for lighting, heating or power purposes through any street, alley, lane, 
square, place or land of any city, village or town, without the consent of 
such municipality; and this inhibition shall extend to all levels above 
and below the surface of any such public ways, grounds or places, as 
well as along the surface thereof; but this inhibition shall not be appli¬ 
cable to any rights which have heretofore been received and exercised 
through proceedings of any probate court. Any person or company 
violating any portion of the inhibition aforesaid shall be deemed guilty 
of a misdemeanor, and shall upon conviction thereof be fined in any sum 
not less than one hundred and not more than five hundred dollars. The 
means thus created for enforcing said inhibition shall be held to be only 
cumulative to any other lawful means open to the municipality by way 
of injunction or otherwise; and this act shall apply to actons and causes 
of action or proceeding named in section seventy-nine of the Revised 
Statutes, except such as may be pending on error, and not on appeal in 
any circuit court of the state. [92 v. 204; 84 v. 7.] 

13 T. L. 


194 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


(3471—1) Sec. i. [Sub-ways for telephone and telegraph wires 
in cities; erection of poles; penalty.] Any company organized under 
the laws of this or of any other state; and owning and operating a tele¬ 
phone exchange, or doing a telegraph business, in any city in this state, 
may construct and maintain underground wires and pipes, or coduits 
and other fixtures for containing, protecting and operating such wires 
in the streets and public ways of said city, when the consent of such city 
has been obtained therefor, and it shall be unlawful for any corporation, 
company or individual to erect any telephone or telegraph-pole or poles 
within that portion of any city in this state where subways have been 
constructed, except such poles as may be required for the purpose of 
distributing wires from said subways to subscribers, stations, and all 
such poles shall, so far as possible, be located in alleys; provided that this 
section shall not apply to existing telegraph companies until such com¬ 
panies shall have authority and sufficient time to construct subways; and 
whoever violates any of the provisions of this section, shall be punished 
by a fine of not more than two hundred and not less than fifty dollars. 
[91 v. 205; 88 v. 296.] 

(3471—2) Sec. 2. [By whom consent shall be given.] Such 
consent shall be given by the board of city commissioners, board of public 
improvements, board of public works, or board of administration of such 
city, or their respective successors in office, or by the city council in cities 
where no such board exists. [88 v. 296.] 

(3471—5) Sec. 3. [Validity of prior contracts.] That in all 
cases where contracts such as are provided for in section 2 of this act 
have been entered into prior to its passage and there may have been any 
omission or error arising out of a want of comformity to the statutes of 
this state but which contracts have been made as required by this act and 
where it is just and equitable by reason of the expenditure of money 
or labor in the performance of said contracts, or on any other account 
to fully execute said contracts, then and in all such cases the courts of this 
state are hereby authorized and empowered to uphold such contracts as 
valid and binding on all parties to the same and to enforce and carry 
them into effect in all respects as though no such defect, omission or 
error existed, any law of this state to the contrary notwithstanding. [92 
v. 290.] 

(3471—6) Sec. 1. [Sub-ways and underground conduits for elec¬ 
tric wires, etc., in certain cities (Cincinnati).] That any • company 
organized, for the purpose of constructing subways, laying pipes and 
operating under-ground conduits in any city of the first grade of the first 
class, in which to place and maintain .electric cables, wires and other con¬ 
ductors for conveying electric currents for any purpose, may construct 
such subways and under-ground conduits through the streets, avenues, 
sidewalks, alleys, lanes, lands, squares and public places of such city. 


TRANSPORTATION laws of THE STATE OF OHIO. 195 

and maintain such subways and conduits, together with necessary man¬ 
holes, junction-boxes, connection-boxes, feeders, pipes and connections 
to and from such subways and conduits, and all such other necessary 
fixtures and appliances for placing and safely carrying electricity or elec¬ 
trical conductors beneath the surface of the streets, avenues, sidewalks,, 
alleys, lanes, lands, squares and public places of any such city. [88 v_ 
390-3 

( 347 1 — 7 ) Sec. 2. [Permission for construction of, etc.; by whom.' 
granted.] In cities of the first grade of the first class, the board of: 
public improvements and their sucessors in office of any such city shall 
have authority in case such city should not construct its own system of 
subways (and in the event it does, the board of public improvements or 
their successors in office shall have power to contract for the construction 
of the same), to grant to any person, company or corporation organized 
for the purpose of constructing subways, laying pipes and operating 
under-ground conduits in which to place and maintain electric cables, 
wires and other necessary appliances for conveying electric currents, per¬ 
mission and authority to construct and operate such subways and under¬ 
ground conduits through the streets, avenues, sidewalks, alleys, lands, 
squares and public places of such city, with the necessary man-holes, 
junction-boxes, connecting-boxes, feeders, pipes and other connections 
and appliances; and it shall be unlawful for any such company to enter 
upon the construction of any such work or to open or take up the pave¬ 
ments of the streets, or to make any excavations in any of said streets, 
avenues, sidewalks, or other public ways of said city until it has first 
obtained authority so to do from the board of public improvements or 
their successors in office in cities of the first grade of the first class; 

[Regulations governing construction, etc.] And any such par¬ 
son, company or corporation operating or maintaining the same shall be 
subject to such reasonable regulations as the board of public improve¬ 
ments or their successors in office in cities of the first grade of the first 
class shall make concerning the construction and use of said subways 
and conduits, and the time, manner and mode of placing wires, cables 
and other electrical conductors therein. And it is hereby made the duty of 
the board of public improvements or their successors in office to adopt 
and enforce such rules and regulations so as to secure the construction 
of said subways and under-ground conduits in the most approved man¬ 
ner, for the safety of persons and property adjacent to and connected 
with said subways and under-ground conduits [;] such construction shall 
be under the control and subject to the approval of the chief engineer of 
the board of public improvements or their successors . in office and the 
fact that such approved and safe construction has actually taken place, 
shall be certified to in writing by the said engineer before any use shall 
be made of the same. Provided, however, that no such permission and 
authority hereinbefore referred [to] shall be granted by said board of 


lytf TRANSPORTATION LAWS OF THE STATE OF OHIO. 

city affairs to any such company until said board shall have advertised 
in some paper of general circulation in such city on at least one day of 
each week, for four consecutive weeks, for bids for the grant of such 
permission and authority, and no such grant shall be made except to the 
highest bidder, nor for a less compensation to the city than the annual 
sum of one per cent, of the gross proceeds resulting from the operation 
of said subways, to be paid for such grant and for the purpose of keep¬ 
ing in repair the streets, sidewalks and other places wherein such subways 
are constructed and operated; and but one such company shall be autho¬ 
rized, in any case to open up the streets for such purpose or to construct, 
own and operate subways in which to place electric wires, and all such 
wires except telegraph and telephone wires shall be required to be laid 
in one general subway constructed for the purpose; and said board shall 
have the right to reject any and all bids. Provided, that nothing in this 
act contained shall be constructed [construed] so as to authorize or 
require the placing of telegraph or telephone wires or conductors in the 
same conduit or conduits with electric light, power or railway wires, or 
conductors, or so as to prevent the granting by municipalities of the 
power to place telephone or telegraph wires or conductors in a separate 
conduit in the streets to be constructed for that purpose. And provided 
further, that nothing herein contained shall be so construed as to conflict 
with any orders made by the probate court of any county, containing a 
city of the first grade of the first class, for maintaining overhead or under¬ 
ground wires or conduits, for furnishing electric light, heat or power, 
where investments'are made on the faith of the same; but all such 
orders of the court shall be valid and binding upon all parties thereto 
and their successors and assigns. [88 v. 390.] 

(3471—8) Sec. 3. [Bond for restoration of streets, etc.] Noth¬ 
ing herein contained, however, shall authorize any person, company or 
corporation to construct such subways or conduits or to excavate any 
portion of any street, sidewalk or other public way of any such city, until 
such person, company or corporation has first executed a bond in the sum 
of two hundred and fifty thousand dollars, conditioned to restore such 
streets, sidewalks and other public ways to their original state of use¬ 
fulness and to keep the same in repair to the satisfaction of the board of 
public improvements or their successors in office, and its chief engineer foi 
a period of five years from and after such restoration thereof. 

[How rental fixed.] The board of public improvements or their 
successors in office in cities of the first grade of the first class in which 
such subways may be constructed, shall have power to fix the rental to 
be charged by persons, companies or corporations owning or operating 
such subways for the use and occupation of such subways or conduits 
by electric companies or companies using or supplying electricity for any 
purpose and shall estimate the same upon a percentage based on the 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


197 


amount invested in the construction, maiiitenance and operation of said 
subways and underground conduits. [88 v. 390.] 

BRIDGE COMPANIES, 

Sec. 3544. [May lay railway tracks on bridge.] The company 
may lay down a railway track or tracks upon the bridge and its approa¬ 
ches, and may contract at any agreed sum or rate, with any railroad com¬ 
pany organized in this state in accordance with law, or any railroad com¬ 
pany organized in any other state of the United States, for the use of the 
bridge, for the purposes of such railroad company; and any such rail¬ 
road company organized in this state may enter into such contract with 
the bridge company; but the bridge company shall not have the right to 
charge or collect from the railroad company for the use of the bridge in 
the transportation over the same of cars, railroad passengers, and freights, 
a greater toll than the following: For each ton' (two thousand pounds) 
of freight not exceeding fifteen cents; for each passenger not exceeding 
fifteen cents; for each passenger, baggage, mail, or express car, not 
exceeding one dollar; for each eight-wheeled freight car fifty cents; and 
for each four-wheeled freight car not exceeding twnty-five cents. [65 v. 
55, § 7; S. & S, 203.] 

Sec. 3545. [Mortgage of franchises and sale of obligations.] The 
company may include all its rights, income, profits, and franchises in any 
mortgage it may lawfully make, and upon a foreclosure of a mortgage of 
its bridge, land, and franchises, and a sale thereof, such sale shall pass 
to the purchaser the corporate franchises of the company as fully as the 
company had them at the time the mortgage was executed; and the com¬ 
pany may. dispose of any evidence of indebtedness it may lawfully issue 
as is provided in section thirty-two hundred and ninety. [65 v. 55, § 8.] 

Sec. 3546. [Railroad companies may subscribe to stock.] Any 
railroad company, or other private corporation, organized under a law of 
this state, may become a subscriber to the capital stock of such bridge 
company, to an amount not exceeding one-third of such stock, or may 
purchase, or take by way of pledge, any of the bonds or other evidences 
of indebtedness issued by it. [65 v. 55? § 9 ^ S- & S. 204.] 

Sec. 3547. [Consolidation of companies.] Such bridge company 
shall have the right to consolidate its capital stock with the capital stock 
of any bridge company in an adjoining state authorized to construct a 
bridge across the Ohio river, in the manner prescribed for the consoli¬ 
dation of railroad companies, and the two companies shall thereupon be 
merged into one corporation, possessing within this state all the rights, 
privileges, and franchises, .and subject tp all the restrictions, disabilities, 
and duties of such corporation of this state so consolidated. [65 v. 55, § 
10; S. & S. 204.] 

Sec. 3548. [May change span or height of bridge.] Such com- 


198 TRANSPORTATION LAWS OF THE STATE OF OHIO. 

pany may fix or change the span and altitude of any bridge which it may 
erect and construct, but the span shall not be less than three hundred feet 
in the clear over the main channel, and not less than two hundred and 
twenty feet in the clear in one of the next adjoining spans, and the height 
of the bridge in the center of the span over the main channel shall not be 
less than one hundred feet above the surface of the water at low water¬ 
mark, measuring for such elevation to the bottom chord of the bridge, and 
such height above extreme high water-mark as may be provided in any 
act of congress now in force or hereafter passed; but this section shall 
not apply to any bridge built with a draw in accordancce with the pro¬ 
visions of an act of congress approved July 14, 1862, entitled “an act to 
establish certain post roads,” or any act of congress subsequently passed 
on the subject. [65 v. 55, § 11; S. & S. 204.] 

Sec. 3548a. [May borrow money for construction or mainte¬ 
nance of avenues or approaches.] Any company which has hereto¬ 
fore constructed any bridge across the Ohio River, may construct, extend 
and maintain avenues or approaches thereto beyond the point where the 
same are now, or are by law authorized to be constructed, and, in the con¬ 
struction and maintenance of such avenues and approaches, may exercise 
all the rights, powers and privileges now conferred on bridge companies 
by the laws of the state of Ohio, and may borrow money and secure the 
payment of same as is provided in section 3256 of the Revised Statutes. 
[91 v. 279.] 

Sec. 3549. [May own and run certain ferries; rates of ferriage.] 

Such companies may purchase, hold, and receive grants for, and run fer¬ 
ries within one-half mile of such bridges across said river, and do and 
perform all the necessary acts in relation thereto, but the rates of ferriage 
shall be subject to the control of the authorities as in case of ferries 
owned and run by individuals. [66 v. 136, § 2.] 

OTHER COMPANIES. 

Sec. 3838. [Common carrier companies.] A corporation organ¬ 
ized as and for a common carrier company shall have the following 
powers: 

1. To make all contracts that it shall be lawful for natural persons 
to make for the carriage of persons, and the storage, forwarding, carriage 
and delivery of property, but subject to the same liabilities. 

2. To lease, and to hold and operate, any line of railway and its 
appendages, either before or after its completion, owned by a municipal 
corporation of this state, and any railway connecting therewith, lying 
within [without] this state, and such portion of any railway within this 
state as may be necessary for the convenient dispatch of its business 

3. To construct, or complete and equip, any railway and its append¬ 
ages which it is authorized to lease. 

4. To borrow money, not exceeding its authorized capital stock. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


199 


■at a rate of interest not exceeding seven and three-tenths per cent, per 
annum, and execute bonds or promissory notes therefor, payable in gold 
or lawful money, in sums of not less than one hundred dollars, and 
secure payment thereof by mortgage or pledge of its property then or 
thereafter acquired, and its income or franchises, including the franchise 
to be a corporation; but no mortgage bond shall be sold at less than par 
in lawful money, without the consent of a majority in interest of the 
stockholders, given at a meeting of the stockholders, or in writing; and 
shall have and may exercise all other powers of a railroad company under 
the laws of this state, including the right of appropriation; but the pow¬ 
ers contained in this subdivision shall be exercised only by common car¬ 
rier companies organized under this act, or the act repealed by section 
two of this act, and operating a steam railroad. [74 v. 84, § 4; R. S. of 
1880; 97 v. 161.] 

Sec. 3842. [When railroad company may take stock in such 
company.] When any such company erects or Owns an elevator 
building, and uses the same for the \ urpose of receiving or delivering 
grain from or to any railroad company, as freight carried or to be carried 
over its roads, or any part thereof, such railroad company may subscribe 
to or purchase shares in the capital stock of the elevator company, to 
an amount not exceeding one-third of the entire capital stock of the ele¬ 
vator company, in the name of its president or other officer, and hold the 
same as trustee, and shall be liable upon such stock, in its corporate 
capacity, to the same extent and in the same manner as in the case of a 
natural person. [64 v. 85, § 4.] 

Sec. 3863. [May subscribe for stock in transportation com¬ 
panies.] The directors of any such company may authorize its presi¬ 
dent, or other proper officer, to purchase or subscribe for, in the name 
of the company, such an amount of the stocks of any railroad, or othei 
transportation company, as they deem necessary, in order to procure 
proper facilities for transportation for the manufactories, mines, or other 
works of the company; but the written consent of the holders of two- 
thirds the capital stock of the company to such subscription or purchase 
must first be had. [71 v. 69, § 2.] 

Sec. 3866. [May build a railroad.] Companies organized for 
the purpose of mining, quarrying, or manufacturing, may, when such 
purpose is stated in the articles of incorporation, construct a railroad with 
a single or double track with such side tracks, turnouts, offices, and depots 
as they deem necessary to carry out the object of the incorporation, from 
any mine, quarry, or manufactory, to any other railroad, or any canal, 
slack-water navigation, or other navigable water or place within or upon 
the borders of this state, and shall, in respect to such railroad, be subject to 
•and governed by the provisions of chapter two. [53 v. 103, § 3; S. & C. 

344 -] 

19 O. S. 560. 6 O. D. 178. 4 N. P. 115. 


200 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 3876. [Stock-yard companies.] A company incorporated 
for the purpose of purchasing or leasing real estate, and erecting thereon 
pens and buildings for the safe-keeping of live stock intrusted to it on 
sale, may lease or purchase, and operate such portion of any railway 
leading to or connected with its stock-yards as may be necessary for the 
convenient dispatch of its business; but the number of miles so leased 
or purchased shall not exceed thirty, and such lease or purchase shall 
not be made without the consent of the holders of a majority of the stock 
in such company, and in the company leasing or selling such railway. 
[73 v. 162, § 3.] 

(4211—19) Sec. 1. [The driving of cattle from certain states 
forbidden during certain months; conveyance by railway forbidden, 
except.] During the months of March, April, May, June, July, 
August, September and October, no cattle shall be permitted to be driven 
into this state from any of the above mentioned states or Indian Terri¬ 
tory, or that shall have been wintered therein, nor shall any person or 
company bring, or cause to be conveyed into this state by railway or other¬ 
wise, any such cattle under said conditions, except as specified in the next 
section of this act. [85 v. 83.] 

(4211—20) Sec. 2. [Unloading of certain cattle in certain 
months forbidden, except.] Any railroad or other transportation 
company conveying into or through this state, or any stockyard company 
receiving such cattle during the months aforesaid will not be permitted 
to unload the same in this state for any other purpose than to be fed 
and watered or for immediate slaughter, and in yards and premises espe¬ 
cially provided for that purpose, into which northern cattle will not be 
permitted to enter. And the location and arrangement of the said yards 
and premises and the disinfection of the cars and quarters used in the 
transportation of such cattle shall be governed by the rules and regula¬ 
tions prescribed by the board of live stock commissioners. [88 v. 352; 
85 v. 83.] 

(4211—21) Sec. 3. [Penalty.] Any person or corporation that 
shall bring or cause to be brought or driven into this state, any cattle 
wintered in the states or territory above mentioned, or to be driven or 
conveyed otherwise than as herein specified, shall, upon conviction thereof, 
be fined in any sum not less than one hundred dollars, nor more than one 
thousand dollars, and shall moreover, be liable for all damages that may 
be occasioned on account of other cattle being infected with said disease. 
[85 V. 83.] 

(4211—22) Sec. 4. [Duty of transportation companies.] It shall 
be the duty of all railway and other transportation companies bringing 
into and unloading in this state cattle, otherwise than as specified in sec¬ 
tion 2 of this act, during the months above specified, to require a state¬ 
ment to be made in their shipping bills, showing in what state or territory 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 20 t 

the cattle shipped were wintered; and it shall be the duty of every railroad 
company bringing into this state cattle, which may unload such cattle 
for any other purpose than to be fed and watered as specified in section 
2 of this act, to leave at the office of such company nearest the point 
where such cattle may be unloaded, a copy for public inspection of the 
statement above required showing where the same were wintered. 

[Penalty for violation of such duty.] And any company or cor¬ 
poration neglecting to comply with the provisions of this section, shall, 
upon conviction thereof, be fined in any sum not exceeding five hundred 
dollars. [85 v. 83.] 

(4211 23) Sec. 5. [Prosecution for offenses hereunder.] Upon 

the request of the board of live stock commissioners it shall be the duty 
of the prosecuting attorney of any county in which the suit may be 
brought to begin and prosecute any action for the violation of the pro¬ 
visions of this act and the rules and regulations of the board of live stock 
commissioners. Proceedings against any railway company under this act 
may be had in any county in this state through which any portion of 
such company’s road may pass, or in which its principal office may be 
situated; and process may be served by leaving a copy at the office of 
such company within such county. [88 v. 353; 85 v. 83.] 

Sec. 4212. [Duties of carriers, and owners of stock-yards.] All 

railway companies and owners of steamboats used in conveying live stock, 
and owners of stock yards and other premises that may be occupied by 
such stock, shall, immediately upon discovering any contageous disease 
among stock occupying such cars, boats, yards, or other premises, take 
all possible measures to prevent such diseased stock from communicat¬ 
ing the contagion to other stock, and shall, moreover, cause all such cars, 
boats, yards, and premises to be thoroughly disinfected before the same 
shall be occupied by other stock. Every corporation, and company; their 
officers and employes, or individuals violating the provisions of this sec¬ 
tion, shall pay a penalty not exceeding five hundred dollars, to be recov¬ 
ered in any court of competent jurisdiction, and shall also be liable to 
parties injured for all damages that may be occasioned thereby. 

(4238—o) Sec. 1. [Employer’s liability for personal injury to 
employe notwithstanding negligence of fellow servant.] An em¬ 
ployer shall be responsible in damages for personal injury caused to an 
employe, w r ho is himself in the exercise of due care and diligence at the 
time, by reason of any defect in the condition of the machinery- or appli¬ 
ances connected with or used in the business of the employer, which 
arose from, or had not been discovered or remedied owing to the negli¬ 
gence of the employer, or of any person in the service of the employer, 
entrusted by him with the duty of inspection, repair, or of seeing that the 
machinery or appliances were in proper condition. [95 v. 114.] 


202 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


"DOW law/'' 

(4364— 9 £) Sec. (4364—9) Sec. 3. [When tax to be paid; to 
whom, etc.] That money paid, under this act shall be paid by the 
railway corporation, making such payment, to the treasurer of state, upon 
the warrant of the auditor of state, which payment shall be made on or 
before the tenth day of January of each year, and when such payment 
is not made until on or after June 10th, then one-half of such annual 
payment shall be so made. And upon the payment of such sum, the 
treasurer of state shall deliver to such railway corporation a receipt for 
the sum so paid, which receipt, duly signed by the treasurer of state, 
shall be sufficient evidence of compliance with the provisions of this act, 
and shall authorize said railway corporation to conduct said business 
until'the 10th day of January next succeeding. [95 v. 565.] 

(4364—9/O Sec. (4364—9) Sec. 4. [Penalty for non-payment of 
such tax; how recovered.] When any railway corporation, so 
trafficing in spirituous, vinous, malt or intoxicating liquors as aforesaid, 
shall neglect or refuse to so pay such sums of money aforesaid, it shall be 
subject to pay the penal sum of one thousand dollars, to be recovered in 
an action brought in the name of the state of Ohio' by the attorney gen¬ 
eral of the state and against such railway corporation in any court of 
record, in any county of the state, into or through which a line or lines 
of such railway corporation run, and to pay in addition thereto the costs 
accruing in such action. [95 v. 565.] 

(4364—no) Sec. 3a. [Application of Dow law to railway com¬ 
panies operating buffet cars.] That each railway corporation, which 
shall maintain or conduct dining or buffet cars upon any of.its trains or 
shall permit the same to be maintained or conducted, in which spirituous, 
vinous, malt or other intoxicating liquors are dispensed, within the state 
of Ohio, shall annually be assessed by the auditor of state and shall pay 
into the state treasury on or before the 10th day of June, the sum of one 
thousand dollars, when such railway corporation maintains, operates or 
controls not to exceed two hundred miles of railway within this state, 
the sum of fifteen hundred dollars, when such railway corporation main¬ 
tains, operates or controls over two hundred miles of railway within this 
state, and in case of the neglect or refusal of any such railway company, 
so assessed as aforesaid, to pay said assessment when due, it shall be 
liable for such assessment, together with a penalty of fifty per cent, in 
addition thereto, to be recovered in an action brought in the name of the 
state of Ohio by the attorney general against such railway corporation in 
any court of record, in any county of the state in which a line or lines of 
such railway corporation run. [98 v. 100.] 

(4364—30O Sec. 13. [Unlawful for any person to ship, receive, 
transport, carry or handle intoxicating liquor under false or fictitious 
names; penalty.] It shall be unlawful for any railroad or any com- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 203 

mon carrier or agent thereof or any draymen or other person or persons, 
corporation or firm to ship, receive, transport, carry or handle intoxicat- 
ing liquor or liquors under false or fictitious names or titles within the 
state, and the carriage, transportation, possession, removal, delivery or 
acceptance with-knowledge thereof, of any such liquors under false or 
fictitious names or titles, shall work the forfeiture of such liquor or 
liquors. The books and way bills used in handling such liquors may be 
examined by any public officer at any time to trace such liquor to shipper 
or receiver. Any one violating any of the provisions of this section shall 
upon conviction of the same be fined not less than fifty dollars and not 
more than two hundred dollars for the first offense, and for any subse-' 
quent offense not less than two hundred dollars and not more than five 
hundred dollars. [98 v. 15.] 

DRAINAGE. 

Sec. 4449. [When the ditch benefits a road.] When the im¬ 
provement will drain the whole or part of any public or corporate 
road, or a railroad, or will so benefit any such road that the traveled track 
or road-bed thereof will be improved by its construction, there shall be 
apportioned to the county, if the road is a state, county, or free turnpike 
road, or to the township, if a township road, or to the corporation, if a 
corporate road or railroad, a proper share of the costs and expenses 
thereof, as hereinafter provided. [68 v. 60, §21.] 

Sec. 4495. [Commissioners may require any bridge or culvert 
to be enlarged.] The commissioners of any county, at any regular or 
called session, may in the manner provided in this chapter, so far as 
applicable when the same is necessary to the public health, convenience 
■or welfare, cause to be located, constructed, deepened, widened or en¬ 
larged any bridge or culvert, made necessary by the crossing of any ditch, 
drain, watercourse or stream of water, by any railroad, turnpike, plank 
road, or other road of any corporation, at the expense of said corporation, 
and the necessity for making any improvement herein provided for, may 
be heard and -determined at the same time and under the same petition 
as provided for in section 4447 of this chapter. 

[Dimensions of improvement to be determined by commission¬ 
ers; corporation affected to make same.] If the commissioners find 
for the improvement, they shall, by an order entered on their journal, 
determine the dimensions of said improvement and that said improve¬ 
ment shall be made by the corporation affected thereby, within, three 
months from the making of such order according to the plans and speci¬ 
fications, and of such materials, as the board may approve and select; 

[Failure of corporation to make improvement.] Provided, that 
if said corporation shall not within ten days from the date of such order, 
in writing, elect to make said improvement as ordered, such fact shall 
be taken as a refusal to do the same, and thereupon, the county com- 


204 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


missioners shall at once by an order duly entered upon their journal, 
specify the materials to be used in the construction of said improvement, 
and directing the county surveyor, or an engineer, to make suitable sur¬ 
veys and to prepare plans and specifications for the making of said im¬ 
provement so ordered, which shall be filed with the county auditor within 
twenty days from the making of such order, who shall thereupon fix a 
date for a hearing thereon. 

[Exceptions to plans and specifications, etc.] At any time on 
or before the day set for said hearing said corporation may, in writing, 
file exceptions to said plans and specifications, or ask for any change or 
alteration thereof, and of the materials out of which the same is ordered 
to he constructed, which may be granted or refused by said commissioners 
as may seem just and proper. 

[Letting of improvement; costs to be assessed against corpora¬ 
tions.] Upon the approval of such plans and specifications as made, 
or as may be changed at said hearing, the commissioners, shall, at once, 
proceed to fix a time for the letting of said improvement by bids as pro¬ 
vided in section 4475 of this chapter, and as soon as said improvement 
is completed assess said corporation with the costs of constructing and 
letting the same, and such assessment shall be a lien upon the property 
of the corporation, and be collected as other taxes, or they may order 
the same to be collected from such corporation by an action at law, as they 
deem proper. Such corporations shall be served as in other cases. [93 
v. 373; R. S. 1880.] 

LEVEES. 

Sec. 4587. [Notice to parties interested.] The judge, or one of 
the petitioners, shall cause a notice in writing to be given, at least ten 
days before the day set for hearing the petition, to the owner of each 
tract of land, and to the auditor of any county and the clerk of anv town¬ 
ship which may be affected by the proceeding, of the filing and pendency 
of the petition, and the time the same will be for hearing before the 
court; and if any person owning lands which may be affected by the 
proceeding is a non-resident of the county, or if such owner is a turnpike 
or railroad company, such notice may be given by publication for two 
consecutive weeks, in some newspaper of general circulation in the county ; 
but if such railroad company has a principal office, or a regular ticket 
or freight agent in the county, a notice, if required by the judge, may 
be served by leaving a copy thereof with the principal officer in charge 
of such office, or with such ticket or freight agent, in which case notice 
to such railroad company need not be given by publication [72 v 
88, § 2.] ' " ' ^ 

Sec. 4609. [Proceedings when a levee benefits a road.] When 
any levee established under this chapter affects beneficially any public 
or incorporated turnpike road or railroad so that the road-bed or track 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 1.05 

on any such road will be made better or safer by the construction of the 
levee, there may be apportioned to the county, if a county, state, or free 
turnpike road, to the township, if a township road, and to the company, 
if a corporate turnpike road or railroad, such portion of the work, 
costs, and expenses thereof, as if they were private individuals, and the 
court shall require them to pay for such work and pay such costs and 
expenses in like manner as individuals, except that when a county or 
township is ordered to pay for any such work and pay such costs and ex¬ 
penses, the commissioners of the county and the trustees of the town¬ 
ship are required to pay for such work and such costs and expenses from 
the genaral fund of the county, or township. [73 v. 88, § 22.] 

OBSTRUCTION OF ROADS. 

Sec. 4748. [Obstruction of roads by railroa agents.] If any 
person or corporation, or a conductor of any train of railroad cars, or 
anytother agent or servant of a railroad company, obstruct unnecessarily, 
anv public road or highway authorized by any law of this state, by per¬ 
mitting any railroad car or locomotive to remain upon or across the same 
for a longer period than five minutes, or permit any timber, lumber, wood, 
or other obstructions to remain upon or across the same to the hindrance or 
inconvenience of travelers, or any person passing along or upon such road 
or highway, every person or corporation so offending shall forfeit and 
pav, for every such offense, any sum not exceeding twenty nor less than 
two dollars, and shall be liable for all damages arising to any person from 
such obstruction, or injury to such road or highway, to be recovered by 
an action at the suit of the trustees of the township in which the offense 
is committed, or of any person suing for the same before a justice of• the 
peace within the county wherd the offense is committed., or by indictment 
in the court of common pleas in the proper county; every twenty-four 
hours such person or corporation, after being notified, suffers such ob¬ 
struction to remain, shall be deemed an additional offense against the pro¬ 
visions of this section; and all fines accruing under this section, when 
collected, shall be paid to the treasurer of the township in which the 
offense was committed, and be applied by the trustees to the improvement 
of roads and highways therein. [65 v. 14* § 3E & S. 669.] 

21 O .S. 421. 30 O. S. 62. 31 O. S. 338. 10 O. S. 621. 9 O. S. >95. 40 O. S. 521. 41 
O. S. 118. 53 O. S. 370. & 

Sec. 4749. [Company liable for fines against employes.] Every 
railroad company or other corporation, the servant, agent, or employe 
of which, in any manner obstructs any public road or highway, shall be 
liable to pay all fines which may be assessed against such servant, agent, 
or employe for so obstructing the same, and such liability may be enforced 
bv execution issued against such corporation on the judgment rendered 
against such servant, agent or employe. [65 v. 14, § 32, S. & S. 669.] 


200 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 4939. [Joint ccunty and railroad bridges.] The commis¬ 
sioner of any county may contract with any railroad company for the 
construction, use, and maintenance of wagon tracks in connection with 
railroad bridges. [70 v. 245, § 1.] 

SERVICE UPON CORPORATIONS. 

Sec. 5041. [How served upon corporation.] - A summons against 
a corporation may be served upon the president, mayor, chairman or 
president of the board of directors or trustees,, or other chief officer; or 
if its chief officer be not found in the county, upon its cashier, treasurer, 
secretary, clerk, or managing agent; or, if none of the aforesaid officers 
can be found, by a copy left at the office or usual place of business of such 
corporation, with the person having charge thereof; and if such corpora¬ 
tion is a railroad company, whether foreign or created under the laws of 
this state, and whether the charter thereof prescribes the manner and 
place, or either, of service of process thereon, or, if sucli corporation l^e a 
street railroad company, owning or operating a street railroad passing 
through two or mere counties, or a transportation company owning or 
operating an electric traction road located upon either bank of any canal 
belonging to the state, the summons may be served upon any regular 
ticket or freight agent of such railroad company or street railroad com¬ 
pany or transportation company; or, if there be no such agent, then upon 
any conductor in charge of any train or car upon such railroad or street 
railroad or upon any motorman or other person in charge of any electric 
traction car, engine or motor, upon any such electric traction road, in any 
county in this state, in which such railroad, street railroad, or electric 
traction road is located, or through which it passes; but if the defendant 
is an incorporated river transportation company, whether organized under 
the laws of this or another state, the service of a summons may be upon the 
master, or other chief officer, or any of its steamboats or other craft, or 
upon any of its authorized ticket or f reight agents, at any port where it 
transacts business. [65 v. 116, § 66; 76 v. 145, § 10; (51 v. 57, § 66; S. 
& C. 963; S. & S. 542) ; R. S. of 1880, § 5044; 94 v. 273, § 5041 ; 95 v. 
258.] 

Sec. 5465. [Garnishment against railroad companies.] The 

plaintff, or his agent or attorney, in a judgment against a railroad com¬ 
pany, rendered in any court, upon a claim due to common laborers for 
work and labor performed for the company, or for cross-ties, lumber or 
wood furnished thereto, to be used in the construction, repair, or operation 
of its road, or for the erection of fences along the line of its road, required 
by law to be erected or upon a note, or other evidence of indebtedness, given 
for the consideration aforesaid, may file with a precipe for execution upon 
such judgment his affidavit, setting forth the claim upon which the judg¬ 
ment is founded, that he has no knowledge of any property of the de¬ 
fendant, liable to levy and sale upon the execution, and that a person or 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


20 T 


corporation, to be therein named, and within the jurisdiction of the officer 
to whom the execution is to be directed, is indebted to the defendant, or 
has property or claims of the defendant, in his possession, or under his- 
control, as agent of the defendant, or otherwise; and thereupon the clerk 
shall issue a notice to each person or corporation named, to the effect 
that he is required to pay over and deliver, to the officer holding such 
writ, the money, property, and claims of the defendant, in his possession 
or under his control, or which may come into his possession or under his 
control at any time before the satisfaction of the judgment, not exceed¬ 
ing an amount sufficient to pay the same and costs. [63 v. 126, § 1, S. & 
S. 119.] 

Sec. 5471. [Vs/hen assignments void.] An assignment or trans¬ 
fer of property, in the hands or under the control of any agent of such 
railroad company at the date of the service of notice or of garnishment, or 
which may afterwards, and before the satisfaction of the judgment, come 
into his hands or under his control, shall be void as against judgment 
claimants Under this subdivision. [57 v. 120, § 7, S. & C. 1174.] 

Sec. 5534. [How garnishee served.] If the garnishee is a per¬ 
son, the copy of the order and notice shall be served upon him personally 
or be left at his usual place of residence; if a partnership garnisheed 
by its company name, they shall be left at its usual place of doing business,, 
or with any member of such partnership; and if a corporation, they shall 
be left with the president or other principal officer, or the secretary,, 
cashier or managing agent thereof; and if such corporation is a railroad 
company, they may be left with any regular ticket or freight agent thereof, 
in any county in which the railroad is located. [94 v. 283; 78 v. 93; 

R. S. 1880; 65 v. 213, § 201.] 

APPROPRIATION OF PROPERTY. 

Sec. 6414. [Appropriations to be made as provided-in this chap¬ 
ter.] Appropriations of private property by corporations must be 
made according to the provisions of this chapter. [69. v. 88, § 1, S. & C 

3 11 -] 

4 O. S. 308. 8 O. S. 591. 5 O. 139. 19 O. S. 299. 50 O. S. 603. 19 O. S. 560. 38 O. 

S. 41. I! O. 392. 5 O. 485. 4 O. S. 308. 5 O. 391. y S - 219 - 

Sec. 6415. [When appropriations can be made.] Appropriations 
can only be made when the corporation is unable to agree with the owner 
or his guardian or trustee, as to the compensation to be paid for the pro¬ 
perty, or easement or interest therein, sought to be appropriated, or when 
the owner is incapable of contracting in .person or by agent, and has no 
guardian or trustee, or is unknown, or his residence is beyond the state,, 
or unknown. [88 v. 555; 69 v. 88, §2; S. & C. 311.] 

5 O. S. 251. 18 O. S. 92. 17 O. 340. 22 O. S. 275. 39 O. S. 62. 


.208 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 6415a. [Appropriation of property of minor, idiot, imbecile 
or insane person.] Whenever under this chapter the property of any 
minor, idiot, imbecile, or insane person, or any easement or interest 
therein, is sought to be appropriated by a corporation and there is a legally 
appointed guardian of the person and estate or of the estate or a trustee 
of such minor, idiot, imbecile or insane person, and the said guardian has 
agreed with said corporation upon the amount of compensaton to be paid 
for such property, easement, or interest therein, he may file with the pro¬ 
bate court of the county wherein said property is situated, a written appli¬ 
cation for authority to convey to said corporation the said property or 
interest; which said application shall fully describe the property,- right, 
casement or interest therein, sought to be conveyed, and shall fully set 
out the price agreed to be paid for the same, the probate judge shall 
order said guardian to give such notice as said judge shall deem reason¬ 
able, to the said ward, of the filing of said application and of the time 
set for the hearing of the same. At the time set for the hearing of said 
application, if the judge shall find that notice was given as ordered of 
the time set for the hearing of the same, and that the price to be paid is 
reasonable and just, and that the said conveyance would be to the best 
interest of said ward, he shall order the said guardian to make and exe¬ 
cute a deed to said corporation for said property or interest upon the pay¬ 
ment cf the said price agreed upon by said guardian and said corporation. 
[88 v. 555.] 

Sec. 6416. [Petition for appropriation, and in what court to be 

filed.] In any such case the corporation may file with the probate 
judge a petition, verified as in a civil action, containing a specific descrip¬ 
tion of each parcel of property, interest, or right, within the county, 
sought to be appropriated, the work, if any, intended to be constructed 
thereon, the use to which the same is to be applied, the necessity for the 
appropriation, the name of the owner of each parcel, if known, or if not 
known, a statement of that fact, the names of all persons having or claim¬ 
ing an interest-,- legal or equitable, in the property, so far as the same can 
be ascertained, and a prayer for the appropriation of the property. [69 
v. 88, §§ 2, 19.] 

11 O S. 497. 33 O. S. 429. 34 O. S. 114. 5 O. S. 276. 4 C. C. 187. 5 C. C. 20,7 4 

€. C 98. 

Sec. 6417. [In what county petition to be filed.] The petition 

may include one or more of the parcels of property, rights or interest'in 
the county in which it is filed ; and when any such parcel, right or inter¬ 
est is situated in two or more counties, the petition may be filed in either 
of the counties in which an owner is resident, and if no owner is resident 
therein it may be filed in either. [72 v. 71, § 1.] 

4 O. S. 308. ' 

Sec. 6418. [Summons — its command and service thereof.] 

Upon the filing of a precipe therefor, the probate judge shall issue sum- 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


209 


mons for the owners and persons named in the petition as residents of the 
state and having an interest, which may be directed to the sheriff of any 
county, and shall command him to notify the persons named therein of 
the filing of the petition, and to appear thereto at a time to be fixed by 
the judge, and named therein, not less than five nor more than fifteen days 
from the date thereof, and which shall be served and returned as in a civil 
action. When a writ is returned “not summoned,” other writs may be 
issued, until the parties are duly summoned. [72 v. 71.] 

19 o. s. 173. 1 c. c. 51. 

Sec. 6419. [Service by publication.] When a person having an 
interest is unknown, or his residence is beyond the state, or unknown, the 
corporation may make service by publication against him, by publishing 
in a newspaper of general circulation in the county where the petition is 
filed, for four consecutive weeks, a notice containing a summary states 
ment of the object and prayer of the petition, so far as it relates to the 
property of the person thus to be notified, the court in which it is filed, and 
the time when such person is to appear thereto, not less than ten nor more 
than twenty days after the last publication; and the fact of publication 
may.be proved by the affidavit of any person knowing the same. [72 v. 
71, § 3, S. & C. 313.] 

Sec. 6420. [jurisdictional questions to be first determined.] On 

the day named in any summons first served, or publication first completed, 
the probate judge shall hear and determine the questions of the existence 
of the corporation, its right to make the appropriation, its inability to 
agree with the owner and the necessity for the appropriation. Upon these 
questions the burden of proof shall be upon the corporation, and any 
interested person shall be heard. [72 v. 71, § 4.] 

33 O. S. 429. 5 C. C. 58. 53 (). S. 436. 6 ('. C. 521. 

Sec. 6421. [Jurors to be drawn from the box and venire issued.] 

If the judge determine these questions for the corporation, as to any or 
all of the property, and persons interested therein, he shall issue an order 
to the clerk and sheriff to draw sixteen names from the jury box, as in 
other cases, and within two days after the receipt of the same, they shall 
execute the order, and the clerk shall forthwith return it to the probate 
judge, with a list of the names drawn indorsed thereon; and the judge 
shall issue to the sheriff a venire for the jurors so drawn to attend at his 
office, at a time to be fixed by him, and named in the writ, not exceeding 
ten days from the date thereof, which shall be served and returned as ip 
other cases. [72 v. 7T, §§ 4, 5.] 

6 C. C.. 521 

Sec. 6422. [Who entitled to a separate trial and how trial con¬ 
ducted.] The owners of each separate parcel, right, or interest, shall 
be entitled to a separate trial by jury, verdict and judgment. They shall 


14 T. L. 


210 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


hold the affirmative on the trial, which shall be conducted, and evidence 
shall be admitted and bills of exception may be taken, as provided in civil 
actions. [69. v. 88, §§ 8, 12, 23; 72 v. 71, §§ 1, 3.] 

4 O. S. 167. 27* O. S. 91. 4 O. S. 494. 32 O. S. 21!). 

Sec. 6423. [The court may allow any amendment.] The court 
may amend any defect or informality in any of the proceedings autho¬ 
rized or required by this chapter, or cause new parties to be added and 
•direct such further notice to be given to any party in interest as it deems 
proper. [69 v. 88, § 17.] 

Sec. 6424. [Time of trial, adjournments, arid discharge of juries.] 

The court may direct the order and fix the time of the several trials; may 
-adjourn or continue any trial for the purpose of obtaining proper service 
upon any property owner, or when deemed necessary for the proper and 
►convenient trial of the several case.s; and may discharge any jury and 
cause other juries to be impanelled, as provided in this chapter. [72 
V. 72, § 5.] 1.■ 

Sec. 6425. [How panel to be filled; jurors to be interrogated by 
court.] When, by reason of non-attendance, sickness or other cause, 
anv of the sixteen persons are not present and in condition to serve as 
jurors, the judge shall order the sheriff to fill the vacancies with tales¬ 
men; and when the list of sixteen is full the judge shall call upon each 
separately, beginning with the first named on the list, to take" his place 
in the jury box, and shall personally inquire of each, as called, whether 
he is interested in any w£y in any of the property, rights or interests 
sought to be appropriated, or in the corporation which filed the petition, 
either as owner, stockholder, agent, attorney or otherwise; and if such 
person answer in the affirmative, or if it be shown to the judge by satis¬ 
factory evidence, that he is so interested, he shall be excused from serv¬ 
ing on the jury, and the next person on the list shall be called and 
interrogated in like manner; and if the list of sixteen be exahusted before 
a proper jury of twelve men is taken and accepted therefrom the judge 
shall order the sheriff to fill the remaining vacancies in the jury box re¬ 
quired to make up the number of twelve, with talesmen, who shall be inter¬ 
rogated as herein above provided. [72 v. 73, § 6.] 

Sec. 6426. [Challenges to jurors, and how vacancies in jury- 
box filled.] When the jury-box is filled with twelve disinterested 
jurors, the owners of the property which is the subject of the trial, jointly, 
and the petitioner, shall each have the right to two peremptory challenges 
and to challenge for cause; and all vacancies arising in the jury from 
challenge or otherwise, shall be filled by talesmen having the qualifications 
prescribed in the last section, to be ascertained as therein providd. [72 
v. 73, § 6] 

Sec. 6427. [The oath to be administered to jury.] When the 
jury is filled five probate judge shall administer to them the following 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


211 


>oath : \ou, and each of you do solemnly swear that you will justly and 
impartially assess, according to your best judgment, the amount of com¬ 
pensation due to the proper owners in the cases which will be brought 
before you in this proceeding, by reason of the appropriation of their 
property described in the petition, to the use of [here name the corpora¬ 
tion], in the proceeding now pending, irrespective of any benefit from 
any improvement proposed by such corporation; and you do further 
swear that you will, in assessing any damages that may occur to such 
property owners, by reason of the appropriation, other than the com¬ 
pensation, further ascertain how much less valuable the remaining portion 
-of said property will be in consequence of such appropriation; this you 
swear as you shall answer to God.” [72 v. 73, § 7.] 

Sec. 6428. [The form of writ to sheriff.] The probate judge 
may, upon motion of either party, issue the following writ to the 
sheriff, to wit: “To the sheriff of-county: You ate hereby com¬ 

manded to conduct the twelve jurors named in the panel to this writ an¬ 
nexed to view the property or premises sought to be appropriated by 
{[here state the name of the corporation], and owned by [here state the 

name of the owner or owners], on-, the-day of-, 

then and there to view the premises or property aforesaid, [in the pres¬ 
ence of A. B. on the part of the corporation aforesaid], and C. D. on the 
part of the owner, appointed by this court, and you shall make return of 

the manner you have executed this writ to this court, on the-day of 

-A. D.-.” The writ shall be signed by the probate judge and 

certified under his seal of office. [69 v. 88, § 9.] 

Sec. 6429. [Judge must deliver certain copies to sheriff.] The 
judge shall also deliver to the sheriff a copy of that part of the petition 
^containing a separate description of each parcel of property, and rights 
•or interests sought to be appropriated within the county, which the jury 
is required to view; he may appoint, to be present at the view, the two 
persons named in the writ: and the sheriff who is to execute the writ 
shall, by a special return upon the same, certify under his hand that the 
-view has been made according to the command thereof. The expenses 
•of taking the view shall be taxed in the bill of costs, and no evidence shall 
be given on either side at the taking thereof. [69 v. 88, § 9.] 

Sec. 6430. [Witnesses may be examined before jury.] Wit¬ 
nesses may be examined before the jury after its return to the court; but 
if more than three witnesses be examined by either party, on the same 
-point in the same case, the judge may tax the costs of such additional wit¬ 
nesses to the party calling them. [69 v. 88, § 9.] 

4 O. S. 583. 5 O. S. 568. 80 O. S. 108. 8 C. C. 250. 1 O. D. 697. 

Sec. 6431. [When a structure is partly on land sought to be 
appropriated.] When a building or other structure is situated partly 
upon land sought to be appropriated, and partly upon adjoining land, 









212 


TRANSPORTATION LAWS OF TIIE STATE OF OHIO. 


and such structure cannot be divided upon the line between such two> 
tracts of land without manifest injury, the jury, in assessing the com¬ 
pensation to any owner of the lands shall assess the value of the same 
exclusive of the structure, and make a separate estimate of the value of 
the structure; the owner of the structure may elect to retain the owner¬ 
ship of the same, and to remove it. or accept the value thereof as esti¬ 
mated by the jury; if he fail to make such election within ten days from 
the date of the report of the jury, or within ten days from the termination, 
of the cause in any higher court to which it may be taken, he shall be- 
deemed to have elected to retain and remove the structure; but if he elect 
to accept the value of the structure, the title thereto shall vest in the corpo¬ 
ration making the appropriation, which shall have the right to enter upon 
the land for the purpose of removing the structure therefrom. [73 v- 
210, § 1.] 

30 O. S. 108. 6 O. S. 15. 5 O. S. 56S. 7 O. S. 220. 9 W. L. B. 253. 

Sec. 6432. [Verdict and confirmation thereof.] The jury shall 
render its verdict in writing, signed by the foreman, to the judge, who 
shall cause it to be entered of record; and unless for good cause shown,, 
upon motion to be filed within ten days after the verdict is rendered, a 
new trial be granted, the judge shall enter a judgment confirming such 
verdict. [72 v. 71, § 10.] 

4 C. C. 49. 6 C. C. 362. 

Sec. 6433. [When and how corporation may have possession.] 

Upon payment to the party entitled thereto, or deposit with the probate- 
judge, of the amount of the verdict, and such costs as have lawfully ac¬ 
crued in the case up to the time against the corporation, the corporation 
shall he entitled to take possession of, and shall hold, the property, rights- 
or interests so appropriated, for the uses and purposes for which the 
appropriation was sought, as set forth in the petition, and the judge shall 
enter of record an order to that effect, and if necessary, proper process- 
shall be issued to place the corporation in possession thereof. [72 v. 71,. 
§ 10.] 

38 O S. 32. 41 (). S. GOO. 6 C. C. 362. 4 C. C. 40. 

Sec. 6434. [When and how corporation may abandon proceed- 
ing.] L he corporation may abandon any case or proceeding after 
paying into court the amount of the defendant’s costs, expenses and at¬ 
torney fees, as found by the court. If the corporation fail in any case to 
make payment or deposit as provided in the preceding section, within 
thirty days after confirmation of the verdict, the probate judge, on motion 
of the party entitled to such p.ayment, to be filed within ten days after the 
expiration of said thirty days, shall enter an order directing the corpora¬ 
tion to make such payment or deposit within thirty days after the date 
of such order; and unless such corporation within said thirty days, make- 
such payment or deposit, it shall be held and considered to have thereby 


213 


TRANSPORTATION LAWS OF THE STATE OF OHIO. * 

abandoned the property, rights or interests so appropriated, and all claims 
thereon under its proceeding, and the judge shall issue an order to that 
•effect; the judge shall also enter a judgment against the corporation and 
in favor of the party entitled to such payment, for such amount of expen¬ 
ses, including time spent and attorney fees, incurred by him in the pro¬ 
ceeding, as the court, upon the evidence offered in that behalf, deems just 
and reasonable, for which execution may be issued against the corpora- 
iton; and the directors of the corporation, individually, shall be liable 
upon such judgment, and may be made parties thereto by action. [72 v. 
7 i, § 10.] 

Sec. 6435. [When action may be brought for costs and ex¬ 
penses.] If such judgment be not satisfied within thirty days after 
the rendition thereof, or if the party entitled thereto be not satisfied with 
the amount thereof, such party shall have a right [of action] against the 
petitioner for his expenses aforesaid, including'time spent and attorney 
fees, and also for his expenses, including reasonable attorney fees, incur¬ 
red in prosecuting such action; but the action shall be brought within 
.six months after the rendition of the judgment in the probate court. [72 
v. 71, § 10.] 

6 C. C. (N. S.) 206. 

Sec. 6436. [New trial, proceedings thereon.] A new trial shall 
"be granted for cause only, shall take place in the same court where the 
first trial was had, and shall be conducted in accordance with the pro¬ 
visions of this chapter for the first trial, so far as they are applicable; 
and upon the granting of the motion for a new trial, if the amount of the 
first verdict has been paid into the court, the probate judge shall retain the 
■same until the final termination of the second trial; but if, upon the new 
trial, the verdict of the jury exceed the amount of the first verdict, the 
•corporation shall pay the amount of the first verdict, together with the 
•excess, to the owner of the property; and if the verdict upon the second 
trial be less than that of the first, the probate judge shall repay to' the 
•corporation the difference. If a new trial be granted at the instance of 
the owner of the property, and the verdict of the jury be the same or less 
in amount than that first rendered, the owner shall pay the whole cost of 
the second trial; and if it be more than that first rendered, the cost of the 
.second trial shall be paid by the corporation. [69 v. 88, § 11.] 

Sec. 6437. [Bills of exception; how taken and allowed.] Bills 
of exception shall be taken and allowed as provided in sections 5301, 
5301a, 5301b, and 53 ° 2 Revised Statutes of Ohio: and either party may 
file a petition in error in the court of common pleas of the proper county 
within thirty days after the time allowed for such signing of bills of ex¬ 
ceptions, and the proceedings in error shall be conducted as in civil 
actions; but the corporation may on the rendition of final judgment in 
the probate court, pay into said court the amount of the judgment for 


214 -TRANSPORTATION LAWS OF.THE STATE OF OHIO. 

compensation, and costs therein rendered, and proceed to enter upon and 
appropriate property, notwithstanding the pendancy of the proceedings 
in error. [69 v. 88, §. 12; S. & C. 314; R. S. of 1880: 97 v. 44.] 

23 O. S. 627. 21 O. S. 334. 35 O. S. 250. 37 O. S. 147. 4 C. C. 49. 6 C. C. 521- 

50 O. S. 603. 

Sec. 6438. [Proceedings in the common pleas on error.] If the 
court of common pleas, upon the hearing of the cause affirm the judg¬ 
ment of the probate court, all the costs in the court of common pleas shall 
be paid by the plaintiff in error ; and if it reverse such judgment, it shall 
retain the cause for trial and final judgment as in other cases, which trial 
shall be had at the term of reversal of the judgment, unless for good 
cause shown by either party the court grant a continuance; and on the 
trial of the cause in the court of common pleas, the same inquiry shall be 
made as to the interest of the jurors, and the same oath shall be admini¬ 
stered to the jury as is provided for in sections sixty-four hundred and 
twenty-five and sixty-four hundred and twenty-seven. [69 v. 88, § 13.J 

39 O. S. 170. 

Sec. 6439. [How school land may be appropriated.] When a. 
railroad company, incorporated in this state, has located its railroad 
through any part of reserved sections twenty-nine or sixteen, or through 
any part of sections granted by congress in lieu of section sixteen, for 
school purposes, and such lands remain unsold, or through any town lot 
or parcel of ground used for or devoted to school purposes, it may appro¬ 
priate so much of such land or lots as may be necessary for the purposes 
aforesaid; and service of the summons made on such trustees or school 
officers as have possession or control of the lands, shall have the same 
force and effect as service in any other case on owners of land sought to 
be appropriated. The money arising from such appropriation shall be 
disposed of by such trustees or school officers in accordance with law- 
[69 V. 88, § 14.] 

37 O. S. 171. 

Sec. 6440. [When proceedings to appropriate private property 
may be commenced in court of common pleas.] When the probate 
judge is interested either as stockholder, director or otherwise, in a cor¬ 
poration seeking to appropriate private property to its use, or if before fil¬ 
ing the petition, it is made to appear to the satisfacton of a judge of the 
court of common pleas of the county wherein the action is sought to be 
brought, that such probate judge is interested either as owner or other¬ 
wise in the property sought to be appropriated, or by reason of sickness,, 
absence or other incapacity, is and will be unable to preside at the trial,, 
the proceedings authorized by this chapter may be commenced in the court 
of common pleas of the county; and in that case the proceedings shall 
conform in all respects, so far as applicable, to the provisions of this- 
chapter, and all the powers conferred and duties imposed thereby upon 


1RAXSPORTATION LAWS OF THE STATE OF OHIO. 215 

the probate court shall devolve upon the court of common pleas; and 
said court may make such orders and direct such proceedings to be had 
as may be necessary to do full justice between the parties according to 
the true spirit and intent of this chapter; and after final judgment the 
co!poration may, on depositing the amount of the judgment and costs 
assessed in said court with the clerk thereof, be entitled to enter into pos¬ 
session of the property sought to be appropriated. In case such court 
is not in session when the proceedings are commenced therein, nor on the 
day fixed for the inquiry and assessment of compensation, a special 
term thereof shall be held in the same manner as provided in section 
2239 of said statute. [88 v. 281; 80 v. 218; R. S. of 1880; 69 v. 88, 
§ T 5 -] 

Sec. 6441. [Court to appoint attorney for party absent or under 
disability.] When a party in interest is unknown, or his residence 
is unknown, and when service has been made by publication, and the party 
has not appeared in the proceedings by agent or attorney, or when such 
party in interest is under any legal disability, and has no legal guardian, 
or trustee, within the county where the action is brought, the court shall 
appoint some competent attorney- to attend upon the proceedings, and 
protect the rights and interests of su-ch party ; and the court shall fix 
the amount of the fees of the attorney for such service, which shall be pay¬ 
able out of any money paid on the judgment rendered in such case for 
property appropriated. [69 v. 88, § 16.] 

Sec. 6442. [Conflicting claims not to be passed upon.] When 
there are diverse or conflicting claims, legal or equitable, to the real 
estate, or any interest therein, sought to be appropriated under the pro¬ 
visions of this chapter, the jury or court shall not pass upon the same 
in the proceedings for appropriation, but such claims shall be reserved 
for adjudication as hereinafter provided. [69 v. 88, § 18.] 

Sec. 6443. [But to be adjudicated in the common pleas.] Upon 
the payment of the money into court by the corporation, a party claiming 
a legal or equitable interest in the property, or the money arising there¬ 
from by such appropriation, may file his petition in the court of common 
pleas of the proper county, making the other claimants to the property 
or money parties thereto, setting forth the facts on which the claim is 
founded, the fact of the appropriation of the property, the amount of 
money so paid in therefor, and such other facts as are proper to enable 
the court to hear and determine the matter between the claimants; and 
the court shall forthwith appoint some master of the court, or other 
suitable person selected by the parties, to hold and safely keep such fund, 
or invest the same in the manner the court shall direct, after hearing the 
parties; and such fund shall thenceforth represent the land and the 
interests therein, and be subject to the control of the court having juris¬ 
diction of the case, by Orders entered in the action, according to the rights 


216 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


of the parties to the land or fund, as from time to time the court may 
determine. [69 v. 88, § 19.] 

4 C. C. 398. 

Sec. 6444. [Such proceeding a civil action.] Such proceeding 
in the court of common pleas, shall he considered and held to be a civil 
action; and the conflicting claims of parties to the fund aforesaid shall 
be determined by the court, or by a jury trial, according as the claim is 
equitable or legal, in the same manner as if the land had not been con¬ 
verted into money. [69 v. 88, § 20.] 

41 O. S. 630. 

Sic. 6445. [Unfinished railroad bed of railroad company may 
be condemned.] Any railroad corporation of this state may condemn 
and appropriate to its own use the interest and easement in and quiet 
title to, any unfinished road-bed, or part thereof, lying within the state, 
and on the line of its proposed road, owned or claimed by any other rail¬ 
road company or companies, person or persons, partnership or corpora¬ 
tion, when such road-bed, or part thereof has remained, or shall hereafter 
remain, in an unfinished condition, and without having the ties and iron 
placed, and continued thereon for the period of five years or more, im¬ 
mediately preceding the commencement of procedings to condemn or 
appropriate the same as herein authorized, and every such company, or 
companies, person or persons, partnership or' corporation, shall be made 
a party defendant to such proceedings to condemn or appropriate the 
same, and shall be required to answer therein, setting forth fully its or 
their title to or interest in such road-bed, or part thereof, so sought to be 
appropriated, or condemned, if any, it or they may claim, to which answer 
the plaintiff shall plead issuablv, unless it admits the validity of the de¬ 
fendants’ claim ; and in such case, if such party defendant be a non-resi¬ 
dent of this state, or a foreign corporation, service of summons may be 
made by publication, under sub-division three of section five thousand and 
forty-eight of the Revised Statutes of Ohio, and that the terms company 
or companies, as used in this chapter, shall be held to embrace also person 
or persons, partnership or corporation as used in this section. [79 v. 65; 
R. S. of 1880; 72 v. 71, § 9.] 

Sec. 6446. [Proceedings in such cases.] When it is determined 
by the court, upon issue of law, or by the jury upon issue of fact, or by 
the admission of the pleadings, or by reason of failure to plead that any 
such company asserting such ownership or claim is not entitled thereto, 
judgment, including costs, shall be rendered accordingly; but when it in 
like manner is determined that any such company has an interest in such 
road-hed, or part thereof, so sought to be appropriated, the jury shah 
determine and state the amount of compensation due to such company, 
according to law, on account of the appropriation of such interest. [72 
V. 71, § 9.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 217 

Sec. 6447. [I n what court such proceedings may be commenced.] 

1 roceedings under this act may be commenced in the probate court, the 
eourt of common pleas or the superior court of any county in this state 
in which such road-bed or part thereof so sought to be appropriated or 
condemned may be situated, all or part only of such road-bed, within 
this state may be included in one proceeding, and when such proceeding 
is commenced in the court of common pleas or superior court, the same 
proceeding- shall be had as is pfescribed in this chapter for the conduct 
of the same in the probate -court, so far as the same may be applicable 
to such common pleas or superior court, and not accepted in this section, 
and the case shall, on motion, be taken out of its order by the court or 
by any reviewing court, and determined without any unnecessary delay; 
and proceedings in error to such common pleas or superior courts, may 
be commenced directly in the supreme court, but the provisions of this 
•chapter as to viewers shall not apply to appropriations authorized by such 
sections, and when any railroad corporation shall commence proceedings 
under this act, the president of said corporation shall make, subscribe and 
file in the court where any such proceedings is had, a statement under 
oath, declaring that it is the bona fide intention of said corporation to 
complete and operate a railroad on the road-bed so sought to be appro¬ 
priated ; and if said corporation shall for a period of one year after 
it shall have acquired right to occupy the road-bed, fail to expend in and 
about the completion of a railroad thereon a sum equal to twenty-five 
per centum of the total cost of completing the same, to be estimated by 
the commissioner of railroads and telegraphs, then and in such case the 
said road-bed shall be open to appropriation and condemnation under this 
.act by any other railroad corporation. The words road-bed used in this 
act shall be held to include right of way, depot grounds and other ease¬ 
ments connected therewith, and it shall be sufficient in the petition and 
proceedings under this act to designate the road-bed as the road-bed of 
the railroad corporation by which the route of the road was located and 
•established with the terminal points within which appropriation is sought. 
[79 v - 65, R. S. 1880; 72 v. 71, § 9.] 

Sec. 6448. [Proceedings when land is held without agreement 
by a corporation.] When a corporation, authorized by law to make 
appropriation of private property or the land named in section six thou¬ 
sand four hundred and thirty-nine of this chapter, has taken possession 
of, and is occupying or using the land of any person, or the land men¬ 
tioned in said section six thousand four hundred and thirty-nine, for any 
purpose, and the land so occupied or used has not been appropriated or 
paid for by the corporation, or is not held by any agreement in writing 
with the owner thereof, or the trustees or school officers having posses¬ 
sion or control of the lands named in said section six thousand four hun¬ 
dred and thirty-nine, such owner or owners, or either of them, or said 
trustees or school officers, may serve notice, in writing, upon the corpo- 


‘218 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


ration in the manner provided for the service of summons against a: 
corporation, to proceed under this chapter to appropriate the lands, and 
on failure of such corporation for ten days so to proceed, said owner 
or owners, or said trustees or school officers may file a petition in the 
probate court of the proper county setting forth the fact of such use or 
occupation by the corporation, that the corporation has no right, legal or 
equitable, thereto, and in cases of reserved sections sixteen (16) and 
twenty-nine (29), or any part of sections granted by congress in lieu of 
section 16, for school purposes, named in section six thousand four 
hundred and thirty-nine, no right, legal or equitable, derived from the 
trustees and officers named therein, that the notice provided in this section 
has been duly served, and that the time of limitation under the notice 
has elapsed, and such other facts including a pertinent description of the 
land so used or occupied, as may be proper to a full understanding of the 
facts. Such owner or owners, or such trustees or school officers, intending 
to institute said proceedings, may demand, in writing, from the president 
or chief officer of such corporation a specific description of each parcel 
of land so used or occupied without appropriation by it, of the work, if 
any, constructed or intended to be constructed thereon, and the use to- 
which the same is to be applied and upon failure of said corporation 
for ten days to furnish the same, as fully and completely as would be- 
required of it in proceeding under section six thousand four hundred and 
sixteen, the fact of such demand and failure may be alleged in the petition 
in such proceedings, and on notice to the corporation and proof thereof 
being made to the probate judge having jurisdiction of such appropri¬ 
ation, he shall restrain said corporation from the use and occupation of 
said land until said demand has been complied with, or such owner or 
owners, or said trustees or school officers may cause the necessary surveys- 
to be made therefor, and the cost thereof shall be taxed to said corpora¬ 
tion in said proceeding. [80 v. 114; 69 v. 88, § 21.] 

35 O. S. 168. 35 O. S. 540. 1 C. C. 428. 5 C. C. 207. 48 O. S. 343. 49 O. S. 326. 

50 O. S. 667. 51 O. S. 328. 53 O. S. 435. 56 O. S. 135. 

Sec. 6449. [Summons in such case, judgment, and execution.] 

A summons shall issue and be served upon the corporation, and thereafter 
the proceedings in said court shall be conducted to final judgment in all 
respects as provided in this chapter; and if the corporation fail to pay 
the judgment and costs awarded against it in the proceeding, the 
same may be collected by execution as in other cases; but this section* 
shall not be construed to impair or lessen in any manner the right the 
owner or owners or the trustees or school officers named in section six 
thousand four hundred and thirty-nine of this chapter may have'to pro¬ 
ceed against the corporation as in all other cases of the unlawful entry 
upon lands. [80 v. 114; 69 v. 88, § 21.] 

56 O. S. 139. 5 C. C. .207.. 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 219 ' 

Sec. 6450. [When injunction may issue against corporation.] 

If execution issued as provided in the last section be returned unsatisfied,, 
in whole or in part, with the indorsement that no goods or chattels, lands 
or tenements, can be found whereon to levy, or if the judgment remain 
unsatisfied for more than sixty days from the rendition thereof, the court 
may, by injunction, restrain the corporation from using or occupying the 
lands until the judgment and costs are fully paid. [69 v. 88, § 22.] 

6 C. C. 207. 

See. 6451. [Fees of witnesses, officers, and probate judge, and 
how costs adjudged.] The jurors summoned, and attending or serv¬ 
ing, in accordance with the provisions of this chapter, shall each receive 
the same fees per day as are provided by law for jurors in the court of 
common pleas, and also five cents per mile for each mile of the distance 
they are compelled to travel in the discharge of their duties; the wit¬ 
nesses shall be allowed the same fees and mileage as are allowed for atten¬ 
dance at the court of common pleas; the sheriff shall be entitled to such 
fees as he is allowed by law for similar services in other cases, but he shall 
not be allowed anything in the way of poundage, except on money made 
on execution; the clerk shall be entitled to a fee of one dollar and fifty 
cents for drawing, and certifying to the probate judge, the list of jurors; 
the probate judge shall be allowed to enter a charge of five dollars in the 
cost bill for each day occupied in the trial of a cause, in addition to his 
other fees provided by law; and the whole costs so taxed shall be ad¬ 
judged against and paid by the corporation, except as provided in the 
next section. [69 v. 88, § 24.] 

71 O. S. 454. 5 C. C. (N. S.) 270. 15 C. D. 393. 

Sec. 6452. [When costs may be apportioned.] A corporation, 
by its proper officer, agent, or attorney, may, at the time of filing the 
petition with the probate judge, deposit with such judge such sum of 
money, for each separate parcel of property as it deems a just and equitable 
compensation for the property, rights, and interests described in the peti¬ 
tion, and sought to be appropriated; and when the final verdict of the 
jury as to any parcel of property does not exceed the amount so deposited, 
and the owner has refused, after notice of such deposit, to accept the 
same, the whole costs of the proceeding as to such parcel shall be equally 
divided between the corporation and the owner or owners of the property; 
and when the final verdict as to any parcel or parcels exceeds, and as to 
other parcel or parcels does not exceed, the amount deposited, the probate 
judge shall apportion the costs in such manner as he may deem equitable 
and just. [69 v. 88, § 24.] 

Sec. 6453. [When this chapter does not apply.] The provis¬ 
ions of this chapter shall not apply to proceedings by state, county, town¬ 
ship, district, or municipal authorities, to appropriate private property for 
public uses, or for roads or ditches; and in such cases it shall be optional 


220 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


with such authorities to pay the judgment rendered against them accord¬ 
ing to section sixty-four hundred and thirty-two, or to pay the costs and 
decline to take the property sought to be appropriated. [69 v. 88, § 25.] 

COMMENCEMENT OF ACTIONS. 

Sec. 6478. [Suits before justice against railroad company.] Suit 

may be brought before a justice of the peace against any railroad com¬ 
pany, in the township in which the president of the company may reside, 
or in any township into or through which the road owned or leased by 
said company may be located, whether such company be foreign or created 
under the laws of this state, and whether the charter thereof prescribes 
the place where suit must be brought against it, or the manner or place 
of service of process thereon. 

[Process.] And if the principal business office of the company 
is not kept in the township in which any such suit may be brought, it shall 
be the duty of the justice of the peace to issue a writ of summons against 
said company, directed to any constable in the township in which said 
suit may be brought. 

[Upon whom, and when, and how service of process may be 
made.] The constable shall, on receipt of such summons, forthwith 
serve the same personally upon the president of such company, if he be a 
resident of the county in which suit is brought, or by leaving a certified 
copy at his place of business, if the same be within such county; pro¬ 
vided, that if the president of any such company shall not be a resident of, 
or have a place of business within the county in which such suit shall be 
brought, it shall be lawful for the constable having such summons, to 
serve the same personally upon the person having charge of a ticket office, 
or on the person having charge of a freight depot, owned by or under the 
control of such company, if such ticket office .or freight depot be situated 
within the county where such suit shall be brought; and, provided, 
further, that when such summons shall be served on either of such last 
described persons, it shall be done at least eight days prior to trial; but 
when served upon the president, as aforesaid, it may be served in accor¬ 
dance with the law for serving summons issued by justices of the peace; 
provided, that when the president of such company does not reside, and 
there is no such officer or depot in said county, 

[When summons to be issued to sheriff, and how served and 
returned.] Then it shall be the duty of the justice of the peace to 
issue a writ of summons directed to the sheriff of the county where the 
principal business office of the company is located, with an indorsement 
on the back of the writ, of the name of the post-office to which said writ 
shall be returned; and the sheriff, upon the receipt of said writ, shall 
forthwith serve the same personally upon the president, if found, or by 
leaving a copy at the business office of said company with the person hav- 




l'RA NSPORT ATION LAWS OF THE STATE OF OHIO. 


221 


iii^ - charge thereof, and immediately return the said writ to the justice 
of the peace issuing the same, by mail, directed to the post-office named 
on the back of the writ. [48 v. 52, § 1; 63 v. 63, § 2, 3; 65 v. 115. § 66; 
S. & C. 320; S. & S. 118; S. & S. 119; S. & S. 542.] 

10 O. S. 548. 

CRIMES AGAINST THE PERSON. 

Sec. 6809. [Murder by obstructing or injuring a railroad.] Who¬ 
ever maliciously places an obstruction upon a railroad, or displaces or 
injures anything appertaining thereto, with intent to endanger the passage 
of any locomotive or car, and thereby occasions the death of another, is 
guilty of murder in the first degree, and shall be punished accordingly. 
[60 v. 17, § 1 ; S. & S. 268.] 

51 O. S. 331. 

OFFENSES AGAINST PROPERTY. 

Sec. 6861. [Unlawful meddling with railway property.] That 
it shall be unlawful for any person or persons without proper authority, 
to place any obstruction upon any railroad, or any street railway, or any 
cable railway in this state, or displace, injure, or destroy anything apper¬ 
taining thereto, or interfere with, remove, displace or disarrange any rail, 
cross-tie, switch, side-track, locomotive, car or train of cars or other 
property appertaining to any such railroad, street railway or cable rail¬ 
way, or interfere with, remove, displace or disarrange any flag, lamp or 
other signal attached to or employed upon any railroad, street railway 
or cable railway, or upon any railroad car or train of cars, or upon any 
street railway car or cable railway car, locomotive, switch or other property 
appertaining to any such railroad, street railway, or cable railway, or 
remove from, disarrange or destroy any lock, fastening, coupling 
or attachment on any track, car, switch, stand, tool-house, depot, or other 
property of any such railroad, street railway or cable railway. 

[Penalty.] Any person violating any of the provisions of this 
section shall, upon conviction thereof, he fined not more than five hundred 
nor less than twenty-five dollars and imprisonment in the penitentiary not 
more than ten vears or in the county jail not less than thirty days. [84 
v. 81 ; 82 v. 119; 60 v. 17, § 1 ; 74 v. 252, § 28.] 

Sec. 6862. [Throwing or shooting at trains or vessels.] Who¬ 
ever wilfully throws any stone or other hard substance, or shoots any 
missile at anv railroad car, train, locomotive or at any cable railway car, 
or street railway car, or at any steam vessel or water craft of any descrip¬ 
tion, used for the purpose of carrying passengers or freight, or both, on 
anv of the waters within or bordering on the state of Ohio, shall be fined 
not more than five hundred nor less than fifty dollars, and imprisoned in the 
penitentiary not more than three years or in the county jail not more than 
six months. [84 v. 8t ; 81 v. 125; 76 v. 11 § 1.] 

38 O. S. 586. 3 C. C. 10. 


222 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


Sec. 6872. [Drawing or driving vehicle on railroad track.] \\ ho- 

ever draws or drives any two or four-wheeled vehicle on or between the 
rails, or tracks, or on or along the graded roadway, of any steam railroad, 
unless compelled by necessity so to do, without the knowledge and consent 
of the owmer or controller of such road, shall be fined not more than 
twenty-five nor less than five dollars. [60 v. 17, § 1 ; 46 v. 26, § 1 ; S. & 
C. 419; S. & S. 268.] 

Sec. 6874. [Putting soap, alkali, etc., into boilers, well, etc.] 
Whoever purposely and maliciously puts any soap, alkali, or other material 
which will tend to interfere with, or render unusually dangerous, the 
generating of steam, into any steam-boiler, tank, well, cistern, pipe, hose 
or other receptacle, where such soap, alkali, or other material, or any part 
thereof shall be liable to be drawn or pumped into any steam boiler or 
generator, with intent to injure or damage any person, or to delay or 
retard the running of any engine, locomotive, or machinery, shall be im¬ 
prisoned in the penitentiary not more than ten years nor less than one 
year, or fined not ^more than five hundred nor less than one hundred 
■dollars. [71 v. 115, § 1.] 

OFFENSES AGAINST PUBLIC POLICY. 

Sec. 6951. [Cruelty to animals.] Whoever overdrives, over¬ 
loads, tortures, deprives of necessary sustenance, or unnecessarily or 
cruelly beats, or needlessly mutilates or kills any animal, or impounds or 
confines any animal in any place and fails to supply the same during such 
confinement with a sufficient quantity of good, wholesome food and water, 
or carries in or upon any vehicle, or otherwise, any animal in a cruel or 
inhuman manner, or who keeps cows or other animals in any inclosure 
without wholesome exercise and change of air, or feeds cows on food that 
produces impure or unwholesome milk, or abandons to die any old, 
maimed, sick, infirm or diseased animal, or works the same or, being a 
person or corporation engaged in transporting livestock, detains such 
stock in railroad cars,.or in compartments for a longer continuous period 
than twenty-four hours after the same are so placed, either within or 
beyond this state, without supplying the same with necessary food, water, 
and attention, or permits such stock to be so crowded together as to over- 
lie, crush, wound, or kill each other, shall be fined not more than two 
hundred nor less than five dollars, or imprisoned not more than sixty 
days, or both. Provided, that nothing herein contained shall be construed 
to prevent the dehorning of cattle and that all fines collected for violations 
-of this section, shall be paid to the society or association for the preven¬ 
tion of cruelty to animals, if any such society or association is organized 
in such county, township, village, or city, where such violation occurred. 
'[93 v. 15: 89 v. 140; 78 V. 134: 72 v. 129. §§ 1, 2, 4 , 5 , 6 , 8, 22.] 

Sec. 6980. [Penalty for violation by engineers of certain duties 



TRANSPORTATION LAWS OF THE STATE OF OHIO. 223 

.-at or near crossings.] A person in charge of a locomotive engine 
upon any railroad, who fails to bring the engine with the train, if any 
thereto attached; to a full stop at least two hundred feet before arriving 
at any railroad crossing or connection, or crosses the same before signaled 
by the watchman to cross, or before the way is clear; or when approach¬ 
ing any railroad [road] crossing, fails to sound the engine whistle at a 
distance of not more than one hundred nor less than eighty rods from such 
crossing, or to ring the engine bell continuously from the place aforesaid 
until the engine and cars attached thereto shall have passed such road 
crossing, shall be fined not more than one hundred dollars, or imprisoned 
not more than thirty days, or both; or if, by reason of a violation of this 
section, any person be killed, the person in charge of such engine shall 
be deemed guilty of manslaughter and punished accordingly; or -if a 
person sustain bodily injury not producing death, the person in charge of 
.such engine shall be imprisoned not more than twenty months nor less 
than one month, or fined not more than five hundred dollars. 

[Obstruction of highways outside of Columbus.] It is provided 
further, except in cities of the first grade of the second class, that any 
person who permits any car or locomotive of which he has charge to 
remain upon or within thirty feet of the center, or across any public road, 
street or alley, for a period longer than five minutes, or places any timber 
or other obstruction upon or across any such road, street or alley, to the 
liinderance or inconvenience of travel thereon, shall be fined not more than 
twenty nor less than five dollars. [85 v. 112; 69 v. 49; §§ 1, 2; 71 v. 

50 § 1.] 

53 O. S. 370. 

Sec. 6980^. [Unlawful obstruction, use or occupancy of streets 
-or highways by railroad companies in Cincinnati, Cleveland and 
Springfield.] It shall not be lawful in cities of the first and second 
grades of the first class and cities of the third grade a of the second class 
for any railroad company, superintendent, agent or other employe thereof, 
either directly or indirectly, to obstruct, use or occupy any street or other 
public highway with any locomotive, car, cars or train by permitting or 
suffering such locomotive, car, cars or train to remain upon the crossing 
by any railroad of such street or other public highway, or any part 
thereof, or by coupling, switching or shifting of locomotives, cars or 
trains, or the making up of trains across such street or other public high¬ 
way, or any part thereof, or by moving or stopping long freight-trains 
across the same, for a period longer than four minutes at one time; and 
whenever any such street or other public highway has been thus obstruc¬ 
ted, used or occupied, it shall not be lawful for any railroad company, 
superintendent, agent or other employe thereof, either directly or indi¬ 
rectly to so obstruct, use or occupy the same, or any part thereof, for a 
perod of five minutes thereafter; 


224 


TRANSPORTATION LAWS OF Til F STATK OF OHIO. 


[Bars or gates and watchmen at crossings in Cincinnati and 
Cleveland.] And in cities of the first and second grades of the first 
class any railroad company or companies so using such street or 
other public highway, during said period of four minutes, shall 
provide and maintain suitable bars or gates, and watchmen at such street 
or other crossings, to secure and warn the public against the dangers 
attending such use; and if any railroad company, superintendent, agent 
or other employe thereof shall, either directly or indirectly, obstruct, use 
or occupy such street or other public highway in violation of the afore¬ 
said provisions and prohibitions of this secton, or shall procure, direct, 
aid or abet in any such violation, he or they shall be fined not more than 
one hundred nor less than twenty dollars, or imprisoned not more than 
thirty days, or both. 

[First right to use or occupancy.] It is further provided, that 
after the expiration of said period of five minutes, any railroad company 
other than the one last using such street or public highway, shall have the 
first right to use or occupy the same for a period not to exceed four 
minutes ; and provided further, 

[Arrival and departure of regular trains.] That nothing herein 
shall be so construed as to affect or interfere with the arrival and depart¬ 
ure of regular railroad trains moving across such street or other public 
highway at a rate of speed not to exceed six miles per hour; 

[Occupancy by regular passenger train.] Or to any regular 
passenger-train occupying any such street or highway for a period less 
than ten minutes, for the purpose of discharging or taking on passengers 
and baggage at any of its regular passenger stations. [90 v. 188; 85 v. 
H3-] 

Sec. 6981. [Riding or driving'into inclosures of railroads, etc.] 

Whoever, at any other place than at a private crossing, or for any other 
purpose than crossing such railroad, rides or drives any horse, or other 
domestic animal, into any inclosure of any railroad, and whoever know¬ 
ingly permits any such animal to go into, or remain in, any such inclosure, 
or places within the same, any feed, salt, or other thing, to induce any 
such animal to enter into such inclosure, or upon the tracks of any such 
railroad, and whoever, while constructing any such private crossing, or 
while crossing such railroad at any private crossing, suffers any fence to 
remain down or open for a longer time than is necessary to construct or 
use such crossing, shall be fined not more than ten dollars, or imprisoned 
not more than thirty nor less than ten days; each ten hours any such 
animal is knowingly permitted to remain in such inclosure, or upon such 
track, shall be deemed an additional offense; and animals so being upon 
such track, or in such inclosure, shall not be exempt from execution for 
any fine or costs imposed under this section. [65 v. 194, §§ 1, 2* 72 v 
32; S. & S. 11;.] 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 225 

Sec. 6982. [Climbing upon railroad cars.] A person who climbs, 
jumps, steps, or stands upon, or clings or in any way attaches himself to, 
any locomotive, engine, or car, upon any part of the track of a railroad, 
unless in so doing he acts in compliance with law, or by permission under 
the lawful rules and regulations of the corporation then managing such 
railroad, shall be fined not more than twenty-five dollars. [74 v. 202, 
§§ 1, 2.] 

Sec. 6983. [Misconduct in street cars.] Whoever, being re¬ 
quested by an employe of a street railroad company, or by an employe of 
a person operating a street railroad, to desist from smoking on or in a 
passenger car running on such road, fails to immediately do so, or who- 
-ever use obscene, profane, or indecent language or engages in a quarrel, 
on or in such car, or without permission takes a dog on or in such car, or 
fails, on demand, to pay the proper fare on or in such car, by delivering 
the money or a ticket, or depositing the same in a fare-box, as required 
by such employe, shall be fined not more than ten dollars, with costs of 
suit, and imprisonment until the fine and costs are paid; but, on demand 
of such fare, the person of whom demand is made may immediately 
leave the car instead of paying the same. [74 v. 164, §§ 1, 2.] 

FRAUDS, FORGERY AND COUNTERFEITING. 

Sec. 7093. [Forging or altering railroad and toll-bridge tickets, 
checks, etc.] Whoever counterfeits, forges, or alters any ticket, 
check, order, coupon, receipt for fare, or pass printed, written, litho¬ 
graphed, or engraved, issued by any railroad company authorized to run 
or operate a railroad or street railroad within the state of Ohio, or by any 
toll bridge company authorized to build or maintain any toll bridge over 
the Ohio river, or across any other river in the state of Ohio, or by the 
owner, agent, lessee, manager, or keeper of any such railroad or bridge, 
and designed to entitle the holder to ride on the cars of such road, or pass 
over such bridge 

[Having in possession or uttering same.] Or knowingly has in 
his possession, or utters, publishes, or puts in circulation, any such coun¬ 
terfeit, forged or altered ticket, check, order, coupon, receipt for fare, or 
pass, with intent to defraud, shall be fined not more than five hundred 
dollars, or imprisonment not more than six months, or both. [64 v. 128, 
§ 8; 66 v. 99, § x; 70 v. 156, § 1; S. & S. 57.] 

Sec. 7094. [Restoring canceled checks, etc.] Whoever, for the 
purpose of restoring to its original appearance, or to its normal value, in 
whole or in part, at the time the same was issued, by any process, means, 
or device whatsoever, removes, conceals, fills up, or obliterates the cuts, 
marks, punch-holes, or other evidence of cancellation, from or in any 
ticket, check, order, coupon, receipt for fare, or pass, issued by any rail¬ 
road, street railroad, or toll bridge company, or owner, lessee, agent, man- 


15 t. L. 


226 


TRANSPORTATION LAWS OF THE STATE OF OHIO. 


ager, or keeper of such railroad or bridge, designed to entitle the holder to- 
ride on the cars of such railroad, or to pass over the bridge of such com¬ 
pany, which had therefore been cancelled, in whole or in part, with intent 
to dispose of, by sale or gift, or to circulate the same with intent to 
defraud; 

[Having same in possession, offering for sale, etc.] Or has in 
his possession, or offers for sale, or offers in payment of fare on such 
road or bridge, any such ticket, check, order, coupon, or pass, knowing 
the same to have been restored, in whole or in part, or to have been 
cancelled; 

[Selling tickets, etc., which should have been canceled.] Or 

knowingly sells, offers for sale, or uses, any ticket, coupon, receipt, or 
pass, issued as aforesaid, which should have been cancelled; and whoever, 
being a conductor of any such company, or keeper of any such bridge,, 
purposely fails to cancel any ticket, receipt, pass, or coupon, issued as 
aforesaid, which he has taken up, or should take up or cancel; 

[Conductors purposely failing to cancel ticket.] And whoever 
in any manner, trades, traffics or deals in, or uses, any such ticket, coupon, 
pass, or receipt, which should have been taken up or cancelled, shall be 
fined not more than five hundred dollars, or imprisoned not more than six 
months, or both. [64 v. 128, §§ 7, 8; 66 v. 99, § 1; 70 v. 156, § 2; S. &r 
S. 57 -] 


INDEX 


ACCIDENTS—(See Fatal Accidents.) PAGE 

Commission may investigate. 19 

Railroads to make immediate report of. 19 , 31 

ACCOUNTS — 

Commission has power to compel the production of. 15-16 

ACTIONS—(See Civil Actions; Right of Action.) 

Against consolidated companies. 152 

Appeal from Commission’s finding. 13 

Further appeal. 14 

Appropriation of property, in. 207-229 

Burden of proof on plaintiff. 14 

Commencement of; suits before justice against a railroad company. ... 229 

Process; upon whom; when, and how service may be made. 229 

Violations, for, where to be brought. 29 

When summons to be issued to sheriff. 229 

ADDITIONAL STATEMENTS — 

Required of railroads . 26 - 

AGENT— (See Penalties; Railroad Companies.) 

Act of, deemed to be railroad’s act. 19 ' 

Acting for company defaulting in its taxes; penalty. 65 - 

Guilty of unjust discrimination; penalty. 17 

AGREEMENTS OF CONSOLIDATION — (See Consolidation of Rail¬ 
roads; Railroad Companies.) 

ALARM BELLS — 

Dangerous crossing, at, Commission may order. 22 

Penalty . 22 

Regulation . 22 

ANIMALS—(See Cattle.) 

Cruelty to . 222 

ANNUAL PASSES— (See Transportation.) 

ANNUAL REPORTS—(See State Board of Appraisers and Assessors.) 

Blanks to be furnished railroad and telegraph companies. 39 

Commission to make. 33 

Defective or erroneous. 31 

Excise tax — 

Auditor of State to file with Secretary of State. 63 

Penalty against railroad and telegraph companies refusing to make 

certain reports . 32 

Railroads’ semi-annual reports as to cars equipped with automatic 

couplers . 131 

Railroads to make. 13 

Railroad companies . 26 

Steam roads; Board of appraisers and assessors to Auditor of State.. 38 

(227) 






























228 


INDEX. 


ANNUAL REPORTS — (Concluded.) PAGE 

Telegraph companies . 26 

Telegraph company to make; penalty for failure. 30 

When made; contents, etc. .... . 28 

Penalty for failure to make. 30 

ANNUAL STATE BOARD OF EQUALIZATION — 

Electric railroads — 

How constituted; meetings. 43 

Powers of board. 43 

ANNUAL STATEMENTS — 

Certain companies required to file. 57-58 

Express, telegraph and telephone companies. 44 

ANSWER—(See False Answer.) 

APPEAL—(See Testimony; Record.) 

From Commission’s finding. 13-14 

Commission to answer. 13 

Takes precedence . 13 

New evidence, effect of introduction of. 13-14 

Commission may change order. 14 

APPORTIONMENT — 

Steam roads; railway valuations, of.. 38-39 

Taxes upon express, telegraph and telephone companies. 47 

APPRAISERS AND ASSESSORS—(See Board of Appraisers and 
Assessors.) 

APPROPRIATION OF PROPERTY—(See Municipal Corporations; 

Street Railroad Companies; Railroad Companies.) 

Abandon proceedings, when and how corporation may. 212 

Amendment, court may allow any. 210 

Bills of exception; how taken and allowed. 213 

Challenges to jurors; how vacancies in jury filled. 210 

Conflicting claims not to be passed upon. 215 

Proceeding a civil action. 216 

To be adjudicated in the common pleas court.. 215 

Costs and expenses, when action may be brought for. 213 

Costs may be apportioned, when. 219 

Court to appoint attorney for party absent or under disability. 215 

Form of writ to sheriff. 211 

How made ... 207 

In what county petition to be filed. 208 

Judge must deliver certain copies to sheriff. 211 

Jurisdictional questions to be first determined. 209 

Jurors to be drawn and venire issued. 209 

New trial and proceedings thereon. 213 

Oath of jury. 210 

Panel to be filled, how; jurors to be interrogated by court. 210 

Petition for; in what court to be filed. 208 

Possession, when and how corporation may have. ' 212 

Private property, when proceedings to appropriate may be commenced 

in common pleas court. 214 

Proceedings in error. 214 

Proceedings when land is held without agreement by a corporation... 217 

Injunction may be issued against corporation. 219 

Summons in such case; judgment and execution. 218 










































INDEX. 

APPROPRIATION OF PROPERTY — (Concluded.) 

Property of minor, idiot, imbecile or insane person. 

School land may be appropriated, how. 

Separate trial, who entitled to; how conducted. 

Service by publication. 

Structure on land sought to be appropriated, when. 

Summons; command and service thereof. 

Time of trial, adjournments, and discharge of juries. 

Unfinished road bed of a railroad company may be condemned. 

In what court proceedings may be commenced. 

Proceedings . 

Verdict and confirmation thereof. 

When appropriations can be made. 

Witness may be examined before jury. 

Witness, officers and probate judge, fees of; how costs adjudged.... 
ASH DUMP PANS— (See Dump Pans.) 

ASSESSMENTS (See Various Boards of Appraisers and Assessors.) 
Railroads to pay expenses of commission; penalty. 

ATTACHMENT — 

Witness, for, disobedient. 

ATTENDANCE — 

Freight-line and equipment companies, of, may be enforced. 

ATTORNEY GENERAL — 

Excise tax — 

Board of appraisers and assessors to levy, member of. 

Fees.;.. 

State Board of Appraisers and Assessors for freight-line and equip¬ 
ment companies, member of. 

State Board of Appraisers and Assessors for sleeping car companies, 

member of . 

State Board of Equalization, member of. 

Violations, duty as to. 

AUDITOR—(See Auditor of State; County Auditor.) 

AUDITOR OF STATE — 

Annual statement of express, telegraph and telephone companies. 

Excise tax — 

Annual report required of state board of appraisers and assessors, 

under . 

Annual statements, certain companies required to file. 

Board of appraisers and assessors to levy, member of. 

'Report to be filed with Secretary of State.. 

Express, Telegraph and Telephone Companies — 

Annual report of state board of appraisers and assessors. 

Apportionment and taxation of valuation.. 

State board of appraisers and assessors, member of. 

Sleeping Car Companies — 

Annual report of. 

Steam Roads — 

Annual report to, by board of appraisers and assessors... 

State Board of Appraisers and Assessors — 

Freight-line and equipment companies, member of.. 


229 


PAGE 

208 

214 

209 

209 
211 
208 

210 
216 

j 217 
' 216 
212 
207 
211 
219 


27 


11 


51 


58 

61 

49 ' 

53 

65 

20 


44 


61 

57-58 

58 

63 

47 

47 

45 

52 

37 

49 




































230 


INDEX. 


AUDITOR OF STATE — (Concluded.) PAGE 

Sleeping car companies — 

Assessment, collection and disposition of excise tax. 55 

Member of . 53 

Report to . 55 

State Board of Equalization, member of. 43, 65 

AUTOMATIC COUPLERS — 

Condemnation of car, tender or engine; penalty. 133 

Grab irons; drawbars; penalty. 135 

Inspector of; appointment; bond; salary and expenses; appropriation.. 132 

Locomotives and cars to be equipped with. 135 

Railroads to make semi-annual reports as to number of cars equipped 

with . 131 

Refusal of cars not equipped with. 135 

Repair of cars, failure to make. 133 

AUTOMATIC PACKAGE CARRIER COMPANIES — 

Laws governing telegraph companies applicable to. 193 

BAGGAGE— (See Railroad Companies.) 

Bicycle is . 145 

Register of . 70 

BELLS—(See Alarm Bells.) 

BICYCLE — 

Baggage, is. 145 

BILLING—(See False Billing.) 

BILL OF LADING—(See Railroad Companies.) 

Railroads required to issue; effect of receipt. 145 

BILL OF SALE—(See Railroad Companies.) 

BLANK FORMS — 

Annual reports of railroad and telegraph companies. 26 

Annual statements for express, telegraph and telephone companies... 45 

Commission to furnish railroad and telegraph companies, for annual 

reports . 30 

Commission to prepare and furnish railroads. 15 

Failure to make out, penalty for. . . 18-19 


BLOCKING—(See Frogs; Railroad Companies.) 

BOARDING— (See Railroad Sub-Contractors.) 

BOARD OF APPRAISERS AND ASSESSORS — (See State Board of 


Appraisers and Assessors.) 

Electric roads — 

Annual meeting; duties . 41 

Compensation of members. 43 

Constitution; president; quorum; secretary; record of votes; 

record of proceedings; minutes. 40 

Penalty for railroad officials. 41 

Valuation, how apportioned. 42 

When road is part in another state. 43 

Steam roads — 

Annual meetings; duties. 37 

Compensation of members. 30 

Penalty against railroad officers. 33 

President; quorum; secretary. 37 































INDEX. 


231 


BOARD OF APPRAISERS AND ASSESSORS — (Concluded.) page 

Valuation, apportionment of.;. 38-39 

Who constitute .. 36 

BOARD OF HEALTH — 

Quarantine, effect of, on railroads. 33 

To what rules apply... 34 

BOND — 

Lien for labor and material, enforcement of, in. 72 

BONDS—(See Consolidation of Railroad Companies; Railroad Com¬ 
panies.) 

Redemption of municipal, county or township bonds given for rail¬ 
road purposes . 65 

BOOKS — 

Commission has power to compel production of. 15-16 

BRANCHES—(See Railroad Companies.) 

BRANCH ROADS— 

Rates of fare and freight. 143 

BRIDGE COMPANIES — 

Change of span or height of bridge. 197 

Consolidation . 197 

May borrow money. 198 

May lay railway tracks on bridge. 197 

Mortgage of franchises and sale of obligations. 197 

Operation of ferries. 198 

Railroad companies may subscribe to stock. 197 

BRIDGES— (See Bridge Companies.) 

Companies may cross streams on same, when. 124 

Duty of commission to examine, etc. 21 

Interlocking device at. 24 

Order; how cost of interlocker paid. 25 

Joint county and railroad. 206 

Lighting of . 34 

Over canals and navigable waters. 92 

Over highways; protecting travel beneath. 102 

Proceedings to appropriate joint use of bridge. 124 

Required height . 113 

CANAL COMPANIES—(See Ship Canal Companies.) 

CAPITAL STOCK—(See Railroad Companies.) 

CARRIERS—(See Railroad Companies.) 

Receipt of freight, notice to owner of. 69-70 

CARS—(See Railroad Companies.) 

Automatic couplers; equipment of; penalty. 134 

Commission to enforce regulations of supply. 9 

Railroads to supply. 9 

Weighing of; regulations to be enforced. 9 

CAR COMPANIES — 

Commission act applicable to. 6 

CATTLE — 

Cruelty to . 222 

Driving of, into state, forbidden in certain months; penalty. 200 

Unloading of, in certain months, forbidden. 200 




































232 


INDEX. 


CATTLE GUARDS— (See‘Railroad Crossings.) PAGE 

To be constructed by railroad companies. 95 

CATTLEWAY — 

Culvert may be used for. 99 

CERTIFIED COPIES — 

Evidence . 15 

CHARGE— (See Fare and Freight; Railroad Commission of Ohio; Rail¬ 
road Companies; Rates.) 

Concentration, commodity, transit and special contract rates permitted. 8 

CHUTE—(See Live Stock Chutes.) 

CINCINNATI — 

Subways and underground conduits in. 194, 195 

CITY COUNCIL—(See Municpal Corporations.) 

CIVIL ACTION — 

For what offences. 32 

CIVIL ENGINEER — 

To furnish sub-contractor final statement; penalty for false statement. 73-74 
CIVIL PROCESS—(See Process.) 

CLAIMS—(See Appropriation of Property; Railroad Sub-Contractors.) 

Against railroads may be investigated by commission.. 29 

CLASSIFICATION— (See False Classification; Railroad Commission of 
Ohio.) 

Changes in, required notice of; posting of. 7 

Schedule to be included in. 5 

Uniformity of . 8 

CLERK OF COURTS — 

Transcript of evidence in appealed cases to be filed with. 11 

Free copies . 12 

COLLECTION OF TAXES—(See County Auditor; State Auditor.) 
COMBUSTIBLE MATERIAL — 

Right of way to be free from. 125 

COMMISSION—(See Railroad Commission of Ohio.) 

COMMISSIONER OF RAILROADS AND TELEGRAPHS — (See 
Railroad Commission of Ohio.) 

Office abolished and duties conferred on commission. 21 

COMMISSION MERCHANT — 

Receipt of freight, notice of, to the owner. 69-70 

COMMODITY RATES—(See Rates; Fare and Freight.) 

' Prescribed . 142 

COMMON CARRIER COMPANIES — (See Various Companies.) 

Difference with citizens to be inquired into by commission. 29 

Duties of carriers. 201 

Private tracks, when commission has control over. 9 

Powers. 198 

May build a railroad. 199 

May subscribe for stock in transportation companies. 199 

Liability of employer.*. 201 





























INDEX. 


233 


COMMON PLEAS COURT— page 

Appeal from commission’s finding; takes precedence. 13-14 

Appropriation of private property; when proceedings may be brought in 214 

Contempt proceedings, jurisdiction in. 11 

Injunction will not lie until after hearing on commission’s order. 13 

New evidence, effect of introduction of. 13-14 

Receiver, appointment of. 75 

Rules of evidence and practice in appeals from commission’s decision.. 14 

Testimony not to be used against witness. 14 


COMMUTATION RATES — 

Railroad may make, when.. 

COMPENSATION — 

Inspectors appointed by commission. 

Sheriff in proceedings under commission act. 

Members of board of appraisers and assessors. 

COMPLAINTS—(See Railroad Commission of Ohio.) 

Commission may make investigation on its own motion.< 

Dismissal of.. 

Hearings by commission. 

Notice to complainant and defendant. 

Railroad may become complainant. 

Separation of. 

Witness, enforcing attendance of. 

COMPULSORY INTERLOCKING—(See Interlocking; Safety De¬ 
vices.) 

Future crossings; expense of installation and maintenance. 

COMPLIANCE—(See Substantial Compliance.) 

CONCENTRATION RATES—(See Rates; Charges.) 

CONCESSION—(See Illegal Concession.) 

Acceptance of, unlawful; penalty. 

CONDEMNATION—(See Appropriation of Property.) 

CONDUCTOR—(See Employes; Railroad Companies.) 

Purposely failing to cancel ticket; penalty. 

CONDUITS—(See Municipal Corporations; Telegraph and Telephone 
Companies.) 

CONNECTIONS—(See Railroad Companies.) 

CONSIGNEE — (See Freight; Railroad Companies.) 
CONSOLIDATION—(See Consolidation of Railroad Companies.) 

CONSOLIDATION OF RAILROAD COMPANIES — 

Bridge companies . 

By whom consent shall be given. 

Electric light and power and automatic package carrier companies, 

laws applicable to.. 

Municipal consent; penalty for violation, etc. 

Ship canal companies. 

Subways for wires; penalty.. 

Telegraph and telephone companies, laws applicable to. 

Validity of prior contracts. 

Actions against new company. 


8 

4 

14 

39 

10 
10 
9-10 
9-10 
10 
s 10 
9-10 


25 


16 


226 


197 

194 

193 

193 
184 

194 

193 

194 
152 































234 


INDEX. 


CONSOLIDATION OF RAILROAD COMPANIES — (Concluded.) PAGE 

Additions or improvements, cost of, how paid. 155 

Agreements of, effect of..... 154 

Dissenting stockholder — 

Applies only to stockholders of this state. 153 

Arbitration of value of stock. 152 

Notice of application for appointment of arbitrators. 153 

To be paid highest market price of stock. 152 

Defects ; how cured. 148, 149 

Disposition of stock and bonds. 150 

Domestic with foreign railway. 146 

Divison of interest and disposal of same.' 154 

When companies cannot agree upon division. 154 

Election of directors. 149 

Effect of agreement. 147 

Further merging. 146 

Partition not to be compulsory. 155 

Principal office. 152 

Property of old company vests in the new. 150 

Proceedings . 146 

Purchase or condemnation of land along charter route by company 

selling interest. 156 

To what companies applicable. 156 

Proof dispensed with, certain, against new company. 154 

State roads may consolidate. 146 

Stock may be issued in lieu of money. 151 

Taxation of road partly in state...... 152 

CONSTRUCTION COMPANY — (See Labor; Material; Railroad Com¬ 
panies; Sub-Contractors.) 

CONTEMPT—(See Penalties.) 

Proceedings against disobedient witness. 11 

CONTRACTOR — (See Labor; Material; Railroad Companies; Sub- 
Contractors.) 

CONTRACTS — 

Certain, inhibited . 139 

For sale of certain railroad property not valid unless filed or recorded. 143 

Leasing equipment, etc., for. 144 

Railroad must furnish copies of. 31 

CONVENTIONS — 

Railroad commissioners may attend. 5 

■CONTRIBUTORY NEGLIGENCE — 

Safety appliance provisions, failure to comply with. 136 

COOLING COMPANIES — 

Annual statement . 57 

Defined. 57 

Excise tax. (52 

COPIES—(See Certified Copies.) 

Transportation contracts to be furnished commission. 16 

CORPORATIONS—(See Consolidations; Municipal Corporations; 

Various Corporations.) 

Directors, election of. 74 






































* INDEX. 235 

•CORPORATIONS—(Concluded.) PAGE 

Insolvent corporation — 

Ascertainment of liability. 75 

Distribution of assets. 76 

Enforcement of liablity. 75 

Notice to creditors. 75 

Notice to non-resident stockholders. 75 

Liability, enforcement of. 75 

Mortgage of certain corporations deemed recorded, when. 74 

Lien; when effective. 74 

Service upon; how secured. 206 

‘COUNCIL— (See Municipal Corporations.) 

COUNTERFEITING—(See Frauds, Forgery and Counterfeiting.) 

'COUNTY AUDITOR—(See Boards of Appraisers and Assessors; 

Railroad Companies.) 

Compensation as member of board of appraisers and assessors. 39 

Levees, notice to parties interested; proceedings. 204 

Omission of tax returns. 63-64 

Applicability of certain statutes. 64 

Steam roads — 

Board of appraisers and assessors. 36 

Valuation of railways, apportionment of. 38-39 

COUNTY COMMISSIONERS — 

Joint county and railroad bridges. 206 

COUPLERS—(See Automatic Couplers.) 

•COURT OF COMMON PLEAS—(See Common Pleas Court.) 

Railroad crossings, to define manner of. 100 

CRANES—(See Mail Cranes.) 

CREDITORS—(See Consolidation of Railroads; Railroad Companies.) 

Insolvent corporations, of, notice to. 75 

CREW—(See Full Crew; Railroad Companies.) 

CRIMES AGAINST THE PERSON — 

Murder by obstructing or injurng railway. 221 

CROSS-ARMS—(See Overhead Wires.) 

CROSSINGS — 

Altering or abolishing; proceedings.104, 105, 1.06 

Construction so as to prevent passage of stock. 95 

Engineer violating certain duties at or near; penalty. 222, 223 

Engine, trains and electric cars may pass over without stopping, when. 26 

Gates, bells, flagmen; regulation of; penalty... 82 

Incline plane railroad; how street crossings made. 179 

Intersecting street railroads; repair of. 176 

On county line, abolishing of. 107 

Outside municipalities court to define. 100 

Private crossing to be built by railroad. 97 

Raising or lowering; proceedings.107, 108, 109, 110, 111, 112 

Railroad companies must build and maintain. 103 

Signals at; penalty for failure to observe. 102 

Sign-boards . 95 

Snow must be kept off. 104 




































236 


INDEX. 


CROSSINGS — (Concluded.) PAGE 

Within municipalities, court to define manner of. 100 

To be above or under grade. 112 

Where two tracks cross each other, how regulated. 99' 

Street cars must come to full stop at intersecting electric roads; 

penalty . 176 

Street cars must come to a full stop at intersecting steam railroads; 

penalty ... 176 

CUMULATIVE VOTING—(See Stockholders.) 

CULVERT—(See Bridges; Railroad Companies.) 

Land owner may use for cattleway. 99’ 

DAMAGES—(See Appropriation of Property; Railroad Companies.) 

Claim for, against railroads, commission may investigate. 20’ 

Railroad liable for wrongful act. 13 

DANGEROUS BRIDGES—(See Bridges.) 

DANGEROUS CROSSINGS—(See Crossings; Grade Crossings; Rail¬ 
road Companies.) 

Gates, bells, flagmen; regulation of; penalty. 22“ 

DANGEROUS TRACKS—(See Bridges; Railroad Companies.) 

DEFECTIVE MACHINERY — 

Use of, prima facie evidence of neglect... 131 

DEFECTS — 

Consolidation of railroad companies, in, how cured. 148-149“ 

DEFINITIONS—(See Various Companies.) 

Fellow servant . 131 

Superior officer . 131 

DEMURRAGE — 

Rules affecting, to be published. 6 

DEPOSITIONS — 

Commission may authorize. 11 

DEPOT COMPANIES—(See Union Depot Companies.) 

DEPOTS — 

Care of ...... 8-9 

Distance from platform to car. 119 

Posting of arrival and departure of trains... 93 

Railroads to provide. 8-9 

DERAILS — 

Railroad crossings, at, to be approved by Commission. 99 

DIRECTORS—(See Railroad Companies.) 

Consolidated company, election of. 149' 

Election of .'. 74 

List to be furnished Commission. 32 

DISCRIMINATION—(See Unjust Discrimination.) 

Acceptance unlawful; penalty. 18 

Between trunk roads and other roads prohibited. 139 

Between way and through freight prohibited. 140 

Between points in the state prohibited. 140 

Car supply, in, prohibited. 0 






























INDEX. 


237 


DISCRIMINATION—(Concluded.) PAGE 

Free transportation to live stock attendants. g 

Traffic, interchange of, in. g 

DISSENTING STOCKHOLDER - (See Corporations; Railroad Com¬ 
panies.) 

May sell stock. gg 

DISSOLUTION — 

How a company may dissolve. 124 

DITCHES AND DRAINS—(See Drainage; Railroad Companies.) 

DOW LAW — 

Railroad companies liable. 202 

DRAINAGE — 

When ditches benefit public road; apportionment of expense. 203 

Bridge or culvert, commissioners may enlarge. 203 

Failure of corporation to make improvements.... 203 

DRAWBACK — 

Penalty for. 17 

DRAW-BARS—(See Safety Appliances.) 

DUMP PANS — 

Locomotives to be equipped with; penalty. 136 

ELECTRIC CARS— (See Electric Railroad Companies.) 

ELECTRICITY — 

Authorized as motive power on steam railroads. 90 

ELECTRIC LIGHT COMPANIES — 

Annual statement . 57 

Defined. 56 

Excise tax . 62 

Laws governing telegraph companies applicable to. 193 

ELECTRIC LIGHT WIRES—(See Overhead Wires; Electric Light 
Companies.) 

ELECTRIC RAILROAD COMPANIES — (See Interurban Railroad 
Companies.) 

Annual board of equalization. 43 

Crossing outside municipalities; manner of; how determined. 100 

Crossing within municipalities; manner of; how determined. 100 

Exemption from commission act. 6 

Grade crossings; how protected. 24 

Order; how cost of installation paid. 25 

Interchange of traffic. 9 

Interlocking order, failure to obey; penalty. 26 

When cars may pass over protected crossing without stopping. 26 

ELECTION—(See Directors; Stockholders.) 

ENFORCING LIABILITY — 

Action by court; appointment of receiver. 75 

Complaint for; where filed. 75 

EMINENT DOMAIN — 

Interurban electric railroads may exercise right of.-. 177 





























238 


INDEX. 


EMPLOYES—(See Penalties; Railroad Companies.) PAGE 

Act of, deemed to be railroads’ act.. 19’ 

Color blind persons, employment of, forbidden; penalty. ' 126 

Conductors, locomotive engineers and flagmen, requirements of; 

penalty . 127 

Engineers addicted to drink; employment forbidden. 128 

Flagmen and hostlers, employment of; penalty. 129* 

Fellow-servant defined . 131 

Free transportation, entitled to. 8 

Frogs, guard rails, etc., blocking of. 129 

Defective machinery prima facie evidence of neglect. 131 

Garnishment proceedings .. 206, 207 

Hours of service, limitation of. 128 

Liability of employer for personal injury. 201 

Locomotives and cars, equipment of, with automatic couplers. .. 131, 134, 136 

Mail cranes and live stock chutes, regulation of. 129 1 

Obstruction of highways; penalty. 205 

Policemen, when ... 169, 170 

Protection of . 130 

Rules and regulations for government of. 101 

ENGINE— (See Railroad Companies.) 

To be equipped with power brakes. 134 

ENGINEER—(See Civil Engineer; Employes; Railroad Companies.) 

Violation of certain duties at or near crossings ; penalty. 222-223 : 

EQUALIZATION—(See State Board of Equalization.) 

EQUIPMENT—(See Railroad Companies.) 

EQUIPMENT COMPANIES — 

Annual statement . 48 

Blanks . .. 40 

Defined :. 48 

EQUIPMENT CONTRACTS — 

Application of sections. 144 

Leasing property . 144 

Must be recorded to be valid.. 143; 

EVIDENCE — 

Certified copies as. 15 . 

Defective machinery is prima facie. 131 

Free copies of. 12" 

New or additional, on appeal from Commission’s order; effect of 

introduction . •. 13-14 

Railroads required to give. 15 . 

Stenographer’s certified transcript is. \\ 

EXAMINATIONS — 

Commission has power to make.. 15 

EXECUTION — 

Property of certain railroad companies exempt from. 85 

Property of railroad may be taken upon. 32 

EXCISE TAX— (See State Board of Appraisers and Assessors.) 

Assessment and collection of, on certain companies.*. 62' 

Auditor of state to file certain reports with secretary of state. 63- 

Freight line and equipment companies. gj 







































INDEX. 


239 ‘ 


EXCURSION RATES— * pAGE 

When railroad may make. g 

EXPENSES — 

Commissioners’ office; how paid; penalty. 27 

EXPERTS — 

Commission may appoint. 4 

EXPRESS COMPANIES — 

Annual statements . 44 57 

Defined . 43 ’, 56 

Delinquent in taxes, unlawful for agent to act for. 65> 

Excise tax . g 2 

Freight, receipt of, notice to owner of. 69-70 

Included in regulations of commission. 5 7 

State board of appraisers and assessors; how constituted. 45 . 

FACILITIES—(See Railroad Companies.) 

Unlawful charge for;. yj 

FALSE ANSWER — 

Penalty for making. 18-19’ 

FALSE BILLING — 

Penalty for . 17 

FALSE CLASSIFICATION — 

Penalty for . 17 

FALSE WEIGHING — 

Penalty for . 17 

FARE AND FREIGHT— (See Freight; Railroad Companies.) 

Branch roads, on. 143 

Certain contracts inhibited. 139 

Competing with public works. 138 

Discrimination between points in the state prohibited. 140 

Discrimination between way and through freight prohibited. 140 

Freight must be forwarded by line named by shipper. 140 

Overcharging; penalty .!. 142 

Passenger fare (two cent law). 142 

Refusing to switch or transport cars of other companies, etc.; penalty. 142 

Railroads must furnish equal facilities to shippers of same class. 141 

Liability of company for damages. 141 

Street railroad companies — 

Increase in fare not permitted on account of extension. 175 

Increase in fare not permitted on account of consolidation. 177 

Trunk roads must not discriminate. 139 

FATAL ACCIDENTS — 

Railroads to report by telegraph. 19, 31 

FEES—(See Compensation.) 

Prosecuting attorney . 33 

FEES AND MILEAGE — 

..Witnesses entitled to. 11 

FELLOW SERVANT — 

Defined. 131 

































240 


INDEX. 


FENCES— PAGE 

Company may build at landowner’s expense. 98 

Company to keep fence in repair... 97 

Line; how constructed; railroad companies must maintain. 95 

Line; when landowner may construct at railroad’s expense. 96 

Penalties for not constructing or keeping in repair. 98 

FERRIES — 

Bridge companies may operate. 198 

FORFEITURES—(See Penalties.) 

FORGERY—(See Frauds, Forgery and Counterfeiting.) 

FORMS— (See Blank Forms.) 

Schedules, of, to be prescribed by commission. 7- 

FINDINGS— (See Railroad Commission of Ohio.) 

Appeal from commission’s decisions. 13, 14 

FINES—(See Penalties.) 

To be paid into state treasury. 33 

FIRE EXTINGUISHERS — 

Passenger trains to be equipped with. 120 

FIRES — 

Liability of railroad company for loss or damage by. 125 

Spark arresters, railway companies required to use, when. 124 

Penalties . 125 

FLAGMEN—(See Railroad Companies.) 

Dangerous crossings, at, commission may order. 22 

Employment of . 129 

Hours of service, limitation of; penalty. 128 

FRAUDS, FORGERY AND COUNTERFEITING — 

Conductor purposely failing to cancel tickets; penalty. 226 

Forging or altering railroad or toll bridge tickets, etc.; penalty. 225 

Restoring cancelled checks, etc.; penalty.'. 225-226 

Selling cancelled tickets ; penalty. 226 

FREE COPIES—(See Evidence; Testimony.) 

FREE HAULAGE — (See Haulage.) 

FREE TRANSPORTATION — 

Annual report of. ]G 

Automatic couplers, inspector of, entitled to. 133 

Attendant to live stock. 8 

Commissioners may ride free on all trains. 26 

To whom entitled. 8 

FREIGHT—(See Fare and Freight; Railroad Companies.) 

Classification to be uniform. 8 

Depots for, railroads to provide. 8-9 

Free transportation of. 8 

Lien upon, in storage. 7] 

Payment for storage, how enforced. 71 

Perishable articles may be sold. 71 

Perishable, to be given preference. •) 

Property may be claimed within five years. 72 

Rates prescribed . 142 





































INDEX. 


241 


FREIGHT—(Concluded.) PAGE 

Receipt of, notice to be given owner of. 69-70 

Receiving, switching, delivery, storing and handling. 6 

Register of . 70 

Unclaimed; disposition of. 71 

FREIGHT CARS — (See Cars.) 

Railroads to supply. 9 

FREIGHT LINE COMPANIES — 

Annual statement . 48 

Blanks. 49 

Commission act applies to. 6 

Defined. 48 

FREIGHT TARRIFS—(See Tariffs; Schedules.) 

FREIGHT TRAINS — 

Full crew . 138 

Who permitted to ride upon. 142 

FREIGHT-WAYS—(See Railroad Companies.) 

FROGS-*-(See Railroad Companies.) 

Blocking of; penalty . t ... 129 

FRUITS— (See Freight; Railroad Companies.) 

FULL CREW — 

Freight train; penalty. 138 

Passenger train; penalty. 138 

GARNISHEE — 

Judgment against a railway company; how enforced.. 206 

How served . 207 

When assignment void. 207 

GAS COMPANIES — 

Annual statement . 57 

Defined . 56 

Excise tax . 62 

GATES — 

Dangerous crossing, at, commission may order; regulation; penalty.. 22 

GAUGE — (See Railroad Companies.) 

GOVERNOR — 

Commission to make annual report to. 33 

Railroad Commission of Ohio; appointment, etc. 3 

GRADE CROSSINGS—(See Crossings; Railroad Companies.) 

Engine, trains and electric cars may pass over without stopping, when. 26 

Protection of, by interlocker.22, 23, 24, 25 

GRAB IRONS — (See Safety Appliances.) 

GUARD RAILS—(See Railroad Companies.) 

HAMILTON — 

Dangerous crossings, in, protection of.. 23 

HAULAGE—(See Transportation.) 

Free transportation, to whom entitled to. 8 

16 T. L. 



























242 


INDEX. 


HEARINGS—(Sfee Railroad Commission of Ohio.) PAGE 

Appeal, on; takes precedence; precedes injunction. 13, 14 

Record of, to be kept. 11 

Separation of complaints for convenience in hearing. 10 

HIGHWAY CROSSINGS — (See Crossings.) 

HIGHWAYS — 

Obstruction of, by railroad agents; penalty.•. 205 

Obstruction of, by railroad trains; penalty. 223 

Railway bridges over; protection of travel beneath. 102 

Signals required of approaching trains; penalty. 102 

HOSTLERS—(See Railroad Companies.) 

Employment of . 129 

ICING CHARGES — 

Commission act applicable to.*..... 6 

ILLEGAL CONCESSIONS — 

Facilities, for, prohibited. 17 

INCLINE PLANE RAILROAD COMPANIES — 

Powers of . 179 

Street crossings to be made, how...179 

INCORPORATORS — (See Stockholders.) 

Inspectors of election. * . 74 

INDEPENDENT SECTIONS — 

Fall of one not to affect any other. 21 

INJUNCTIONS — 

Hearing must precede, on appeal from commission’s order. 13 

Lien for labor and material, in enforcement of. 73 

Provisions of commission act enforcible by. 20 

INSPECTOR OF AUTOMATIC COUPLERS — 

Appointment; bond; salary and expenses, etc. 132 

Duties of. 133 

Power to condemn car, tender or engine. 133 

Travel on railroads free of charge. 133 

INSPECTORS — 

Railroad commission; appointment; powers, etc. 4 

INSOLVENT CORPORATIONS—(See Corporations.) 

INTERCHANGE OF TRAFFIC — 

Required of railroads. 9 

INTERLOCKING DEVICES — 

Grade crossings, at; apportionment of cost; order, etc.. 24, 25 

Engines, trains and electric cars may pass over crossings without 

stopping, when . 26 

Order for, failure to obey; penalty. 26 

Railroad crossings, at, to be approved by commission. 99 

INTERSTATE COMMERCE COMMISSION — 

Blanks of, to be adopted. 15 

Ohio commission may take complaint to. 16 

Schedules, form of, to be followed. 7 

INTERSTATE COMPLAINTS — 

Commission to investigate. 16 

































INDEX. 


243 


INTERSTATE RAILROADS — PAGE 

How portion of value for taxation found. 39-40 

INTERSTATE TRAFFIC — 

Complaints under, to be investigated. 16 

Rates to be filed with railroad commission. 16-17 

INTERURBAN RAILROAD COMPANIES — 

Annual state board of equalization. 43 

Annual statement . 57 

Board of appraisers and assessors, etc. 40-43 

Penalty for railroad officials. 41 

Valuation, how apportioned, etc. 42 

Defined. 56 

Consolidation with other lines. 177 

Crossing outside municipalities. 100 

Crossing within municipalities. 100 

Eminent domain, may exercise right of. 177 

Excise tax. 62 

Municipality may grant franchise; terminal facilities. 36 

Public highways, occupancy of. 177 

Sprinkling of tracks, council may require. 34 

Traffic, interchange of, required. 9 

Under commission’s regulation. 5 

Use of street railway tracks. 178 

INTOXICATING LIQUORS — 

Dow law applicable to railroad company. 202 

Shipping, receiving, etc., under false or fictitious name; penalty. 202 

INVALID SECTIONS — 

Each section and each part of commission act independent. 21 

INVESTIGATION — 

Claims against railroad by commission. 20 

Commission may make, on its own motion. 10 

Complaints, of . 9-10 

Interstate complaints . 10 

Violations, of, by the commission. 19, 20 

JOINT RATES — 

Changes in; ten days’ notice required; posting of... 7 

Filing of . ^> 21 

Less charge, when railroad may make. 8 

JUDICIAL SALE OF RAILROADS — 

Appraisement of road, order for. 166 

Certain roads may be sold... 166 

Confirmation of sale and deed..... : 167 

Franchise, how purchaser of road may acquire... 165 

Notice of sale to be published. •••• . 167 

Proceeds of sale distributed, how..... •••', . •• 

Purchaser may sell same; grants to be recorded- :..... . 167 

Railroad company, and any number of persons, may become purchasers 168 

May incorporate ....i.w,. ? .r.... 168 

Stocks and bonds may be issued as purchase price, etc...... ... 168 

Receiver must petition..••••...... • 166 

Who may purchase such property. 167 












































244 


INDEX. 


JUSTICE OF THE PEACE — PAGE 

Actions before, against railroad company. 220 

JURORS — 

Appropriation of property by condemnation. 209 

LABOR— (See Sub-Contractors.) 

Lien upon railroad for performance of. 72 

How payments secured under sub-contractor. 66-68 

LADING—(See Bills of Lading.) 

LEASE — 

Railroads must furnish copies of. 31 

Railroad, of, security required for. 8 t> 

LEVEES — 

Notice to parties interested in construction of. 204 

Proceedings when levee benefits a road. 204 

LIABILITY—(See Corporations; Employers’ Liability; Stockholders.) 

Complaint for enforcement of; where filed; appointment of receiver, 

etc. 75 

LIEN — 

Applicability of provisions to certain companies...-. 161 

Enforcement of costs for lighting railroad tracks. 35 

How enforced . .. 160 

In case of judgment recovered, what to be done... 160 

In case of sale, court to retain amount of. 160 

Labor performed for railroad company. 159 

Mortgage of certain companies; when effective. 74 

Mortgages and funds of trust or reorganized company. 159 

Perfecting, for labor or material furnished. 67 

Upon railroad for labor performed or material furnished. 72 

LIQUORS—(See Intoxicating Liquors.) 

LIVE STOCK — 

Free transportation of attendant of. g 

Preference to be given. 9 

LIVE STOCK CHUTES — 

Construction of, penalty for improper. 139 

Regulation of . 129 

LOCALITY — 

Discrimination for or against. lg 

LOCOMOTIVE ENGINEERS — 

Addicted to drink, unlawful to employ. 128 

LOCOMOTIVES — (See Railroad Companies.) 

Power brakes, to be equipped with ; penalty. 134 , 135 

Self-cleaning ash (dump) pans, to be equipped with. 139 

MAGNETIC TELEGRAPH COMPANIES—(See Telegraph Com¬ 
panies.) 

MUNICIPAL CORPORATIONS — 

Altering or abolishing grade or other crossings..104, 105, 106 

Bridges, viaducts, roadways, wires, etc.; required height over tracks.. 113 





























INDEX. 


245 


MUNICIPAL CORPORATIONS — (Concluded.) PAGE 

Crossings of railroads within and without; court to define man¬ 
ner of . 100 

Crossings hereafter to be above or under grade. 112 

Crossings must be kept clear of snow. 104 

Council may prohibit switching, obstruction, etc. 103 

Council may require street railway companies to sprinkle tracks. 34 

Exemption from excise tax. 63 

Incline plane railroads — 

Powers of . 179 

Street crossings to be made, how. 179 

Interurban franchises, power to grant. 36 

Levy to redeem bonds issued for railroad purposes. 65 

Obstruction of streets or highways. 223 

Railroad, lighting of, power to enforce. 34 

Railroads to construct crossings, sidewalks, etc. 103 

Must be kept clear of snow. 104 

Raising or lowering crossings; proceedings.107, 108, 109, 110, 111, 112 

Ship canal companies may occupy public ways. 182 

Speed, may regulate; penalty. 35-36 

Steam roads; apportionment of railway valuation. 38-39 

Street railroad companies — 

Appropriation of private property. 173 

Appropriation of property. 172 

Cuyahoga county . 172 

Toledo . 172 

Appropriation proceedings, form of oath in. 173 

Change of location. 173 

Consolidation . .. 177 

Consolidation of street with interurban electric railroads. 177 

Construction of railroads. 171 

Cincinnati, establishment of street railroad route in, made valid.. 174 

Consent of owners necessary. 171 

Council, etc., may fix terms and conditions. 174 

Eminent domain, interurban railroads may exercise right of. 177 

Extension of tracks, municipal authorities to grant permission for 175 
Full stop when approaching intersecting steam railroads; penalty. 176 

Intersecting street railroads; repair of crossings. 176 

Lease, purchase and traffic arrangements. 177 

Outside of municipalities, construction of. 176 

Property owner cannot withdraw consent after construction. 172 

Public authority, consent of. 173 

Public highways, occupancy and use of. 177 

Regulations and powers. 177 

Stopping of cars at crossings; penalty. 176 

Use of tracks by passenger cars of other company. 178 

Vestibule of car must be screened and heated; penalty. 175 

Watchmen at street crossings, intersections and corners. 174 

Stringing of wires of telegraph, telephone, etc., companies, consent for. 193 
Subways for telephone and telegraph wires; erection of poles. 194 

MURDER — 

Obstructing or injuring railway is. 221 

NARROW-GAUGE RAILROAD COMPANIES — (See Railroad Com¬ 
panies.) 













































246 


INDEX. 


NATURAL GAS COMPANIES— PAGE 

Annual statement . 57 

Defined . 56 

Excise tax . 52 

NEGLIGENCE—(See Contributory Negligence; Railroad Companies.) 

Use of defective machinery is prima facie evidence of. 131 

NOTICE — (See Service.) 

OATH — 

Any commissioner may administer. 11, 31 

Members of commission, of. 4 

Secretary, of . 

OFFENCES AGAINST PROPERTY — (See Penalties.) 

Drawing or driving vehicles on railroad tracks. 222 

Meddling with railroad property; penalty. 221 

Putting soap, alkali, etc., into boilers, well, etc. 222 

Throwing or shooting at trains or vessels. 221 

OFFENCES AGAINST PUBLIC POLICY — (See Penalties.) 

Bars or gates and watchmen at crossings in Cincinnati and Cleveland. 224 

Climbing upon railroad cars. 225 

Cruelty to animals. 222 

Misconduct in street cars. 225 

Obstruction, etc., of streets or highways in certain cities... 223 

Obstructing highways outside of Columbus. 222 

Penalty for violation by engineers of certain duties at or near crossings 223 
Riding or driving into inclosures of railroads, etc. 224 

OFFICER—(See Penalties; Railroad Companies.) 

Act of, deemed to be railroad’s act. 19 

List of officers to be furnished commission by railroad companies. ... 32 

OMISSION — 

Officer, agent or employe, act of railroad. 19 

OPERATOR-^ (See Railroad Companies; Telegraph Operator.) 

ORDER—(See Railroad Commission of Ohio; Railroad Companies.) 

Commission may alter, modify, amend or rescind. 14 

ORGANIZATION—(See Corporations; Reorganization of Railroads; 

Railroad Companies.) 

OVERCHARGING—(See Fare and Freight; Freight; Railroad Com¬ 
panies. ) 

OVERHEAD WIRES — 

How constructed . 137 

OWNER — 

Defined . 69 

To be notified of receipt of freight. 69 

PAPERS — 

Commission has power to compel production of. 15, 15 

PASSENGER— (See Fare and Freight.) 

Delayed, operator must send message for; penalty. 141 

Depots for, railroads to provide. 8-9 

Fare on railroads. 142 





























INDEX. 


247 


PASSENGER— (Concluded.) PAGE 

Schedule of fares of, to be printed and filed. 6 

Transportation of . 7 

PASSENGER CARS — 

Distance from station platform to step of. 119 

Lighting of; penalty. 118 

Movable bridge between ; penalty. 118 

PASSENGER TRAIN—(See Railroad Companies; Trains.) 

Fire extinguishers, to be equipped with. 120 

Full crew . 138 

Must stop at certain stations. 93 

Throwing or shooting at. 221 

PASSES—(See Transportation.) 

PENALTIES — 

Accepting rebate or concession.... 18 

Acting for company delinquent in taxes. 65 

Against railroad company. 18-19 

Bill of lading, refusing to issue. 145 

Bridges, viaducts, wires, etc., construction of. 114 

Cattle, bringing of, into state unlawful, when. 200 

Unloading of, in certain months, forbidden. 200 

Employment of color blind persons. 126 

Conductors, engineers and flagmen, requirements of. 127 

Condemned‘car. tender or engine, use of. 133 

Crossings, sidewalks, etc., failing to build or keep clear of snow. 104 

Cumulative under commission act. 20 

Demanding or accepting compensation, unlawful; when. 121 

Disobeying order respecting dangerous tracks, bridges, etc. 21 

Distance from station platform to car steps. 119 

Divulging contents or altering telegraphic message. 190 

Dow law tax, non-payment of. 202 

Drawing or driving vehicle on railroad track. 222 

Employes, protection of. 130 

Endorsing telegraphic dispatch wrongfully. 190 

Engineers addicted to drink, employment of. 128 

Equipment of cars and engines with safety appliances.134, 135, 136 

Equipment of locomotives with self cleaning ash (dump) pans. 136 

Excise tax, refusal to pay. 62 

Express, telegraph and telephone companies failing to file statements.. 45 

False statement, making of, by civil engineer. 73-74 

Failure of agent to endorse telegraphic dispatch. 190 

Fence, not constructing or repairing. 98 

Fire extinguishers in cars, failure to keep. 120 

Flagmen and hostlers, employment of. 129 

Freight line and equipment companies; failing to file statement for 

taxation . 50 

Freight, unclaimed; failure-to observe provisions respecting. 72 

Frogs, guard rails, etc., blocking of. 129 

Full crew violations. 138 

Gates, bells, flagmen, failure to maintain. 22 

Heating apparatus for railroad cars, failure to provide. 119 

Highways, obstruction of.205 , 223 , 224 

Hours of service of employes, limitation of. 128 
















































248 


INDEX. 


PENALTIES—(Concluded.) PAGE 

Indictment against railroad and telegraph companies. 32 

Interlocking orders, failure to obey.. 26 

Lighting of passenger cars, failure to provide for. 118 

Mail cranes and live stock chutes, regulation of. .:. 129 

Meddling with railroad property. 221 

Movable bridge between cars, failure to provide. 118 

Murder by obstructing or injuring a railway. 221 

Neglect to make reports or pay assessments. 27, 30 

Obstruction of highways.205, 223, 224 

Obstructing the laying of a track. 123 

Officers, agents, and employes of railroads.18-19, 32 

Overcharging for passengers or freight. 142 

Perjury in making reports. 15 

Posting arrival and departure of trains, failure in. 93 

Putting soap, alkali, etc., into boilers, well, etc. 222 

Railroad and telegraph companies refusing to make report. 32 

Railroad crossings, failure of trainmen to obey provisions governing. . 101 

Railroad failing to obey commission’s order or subpoena. 16 

Railroad violating provisions under commission act.. ... 19 

Repair of cars, failing to make.. 133 

Refusing to switch or transport cars of other companies. 142 

Safety appliance law, non-compliance with provisions of. 134 

Scrap metal, unlawful disposition of. 122 

Screening and heating of vestibule of electric car. 175 

Stopping of electric car at crossings. 176 

Spark arresters, failure to use. 124 

Speed ordinance, disobedience of. 35 

Signals at highways, failure to observe. 102 

Steam roads refusing to comply with order of appraisers and assessors 38 

Shipping, receiving, etc., under fictitious names. 202 

Tapping telegraph wire. 191 

Telegraph operator failing to send message for delayed passenger.... 141 

Throwing or shooting at trains or vessels. 221 

Transmitting forged telegraphic dispatches. 191 

Transmitting or delivering telegraphic message falsely. 190 

Undue preference . 18 

Unjust discrimination . 17 

Violation by engineers of certain duties at or near crossings. 222 

Waiting rooms; failure to obey commission’s order respecting. 94 

Witnesses failing to obey commission’s orders. 11 

PERISHABLE FREIGHT — (See Freight.) 

PERJURY — 

Reports, in making; penalty. 15 

Testimony not to be used against witness unless guilty of. 14 

PLAINTIFF—(See Railroad Commission of Ohio.) 

Burden of proof on. 14 

POLICE — 

Appointment; qualifications; etc. 169 

Badges to be worn. 169 

Compensation . 170 

Conductor may arrest passenger, when. 170 

Enforcement of regulations and arrest, power respecting. 169 














































INDEX. 


249 


POLICE—(Concluded.) PAGE 

Oath, powers and liabilities. 169 

Passenger conductor is a policeman, when. 170 

Penalties against conductors for. violations. 171 

Powers cease, when. 170 

POWER BRAKES—(See Automatic Couplers.) 

Engines to be equipped with; penalty. . 134 

Locomotives and cars to be equipped with; penalty. 135 

PRACTICES—(See Regulations; Railroad Commission of Ohio.) 

General power of commission to regulate. 19 

PREFERENCE — 

Undue or unreasonable, prohibited; penalty. 17-18 

PRINCIPAL OFFICE — 

Consolidated railroad companies. 152 

PRIVATE PROPERTY—(See Appropriation of Property; Property.) 

PRIVATE SALES OF RAILROADS — 

Certain rights of way forfeited..* 164 

Dissenting stockholder may retain interest. 164 

Stockholders must consent. 164 

Title to property vests in grantee. 164 

Transfer to be by deed. 163 

When company may sell its road bed, etc. 163 

PRIVATE TRACKS — 

Commission has control over. 9 

PROBATE JUDGE — 

Appropriation of property, proceedings in. 207-220 


PROCESS—(See Service.) 

How served . 

Sheriff to execute. 

Witnesses, compelling attendance of.. 

PROOF—(See Evidence.) 

Burden of, on plaintiff. 

PROPERTY—(See Appropriation of Property; Boards of Appraisers 
and Assessors; Offenses Against Property; Railroad Companies; 
County Auditor; Municipal Corporations.) 

Companies, of, parties to consolidation. 

Freight line and equipment companies, ascertainment of amount and 

value in Ohio. 

May be claimed within five years from railroad. 

Railroad, of, may be taken on execution... 

Schedule of rates and charges of, to be printed and filed. 

State board of equalization, powers, etc. 

Tax return, omission of. 

Transportation of; receiving, switching, etc.. 

Unclaimed; when it may be sold. 

PROSECUTING ATTORNEY — (See Penalties.) 

Civil action against railroad or telegraph company to be brought by. .. 

Dangerous crossings, duty respecting. 

Fees of .... 

Screening and. heating $f electric' car vestibule, duty as to. . 

j 


14 
14 
9, 10 


14 


150 

49 

72 

32 

6 

65 

63 

6 

7 


32 
24 

33 
175 



































250 


INDEX. 


PROSECUTING ATTORNEY — (Concluded.) PAGE 

Violations of commission act, duty as to. 20 

Locomotives and cars, equipment of, with safety appliances; duty re¬ 
specting . 135 

PUBLIC — 

Depot accommodations for. ® 

PUBLIC HIGHWAYS — 

Electric cars may occupy. 177 

PUBLIC POLICY— (See Offences Against Public Policy.) 

PULLMAN CAR—(See Sleeping Car Companies.) 

QUARANTINE — 

Effect of declaration of. 33 

To what rules apply. 34 

RAILROAD ACCIDENTS—(See Accidents.) 

RAILROAD COMMISSIONER—(See Railroad Commission of Ohio.) 

RAILROAD COMMISSION OF OHIO—(See various subjects.) 

Accidents, may investigate. 19 

Act creating; to what provisions applicable. 5 

Annual reports of railroads.16, 26, 28 

Annual reports of telegraph companies. 26 

Appeal from commission’s finding. 13-14 

Appointment; terms; vacancies, etc.•. 3 

Blanks to be furnished telegraph companies for annual reports. 30 

Blanks for railroad companies reports. 15, 30 

Bridges, viaducts, overhead roadway, wires, etc., permit for. 114 

Car supply, switching and weighing, to make regulations for. 9 

Claims against railroads, may investigate. 20 

Complaints, hearing of, notice to parties in interest. 9-10 

Complaints, separation of; dismissal of. 10 

Conventions, members may attend. 5 

Defective or erroneous reports. 30 

Depositions, may authorize. 11 

Differences between citizens and carriers, duty as to. 26 

Duty of, with relation to overhead wires and structures. 137 

Enforcement of provisions of commission act by civil remedies. 20 

Equipment of cars with safety appliances, report of. 134 

Equipment of locomotives and cars with power brakes. 135 

Evidence, certified copies as. 15 

Examinations, right to make. 15 

Expenses .. ... 5 

Experts, may appoint. 4 

Express companies under regulation of. 6 

Injunction against order will not lie until after hearing. 13 

Inspectors; appointment; powers of. 4 

Interlocking orders, failure to obey. 26 

Interlocking systems or devices, approval of. 24, 99 

Order; how cost of installation borne. 25 

Interstate complaints, investigation of. 16 

Interstate tariffs to be filed with. 16-17 

Investigations on its own motion. 10 

Failure of officer, agent or employe to obey order or answer question. 18 









































INDEX. 


251 


RAILROAD COMMISSION OF OHIO—(Continued.) PAGE 

Fatal accidents, report of. 19., 31 

Fees and mileage of witnesses; when not entitled to. 11 

Filing of rates.... 21 

Fire extinguishers, designation of cars to contain. 120 

Free transportation, annual report of. 1$ 

Free transportation on all trains, entitled to. 26- 

Freight-way plans to be approved by. 122 

Frogs, guard-rails, etc., blocking of. 129* 

Gates, bells and flagmen at dangerous crossings, regulation of. 22 

List of officers and directors of railroads to be furnished. 32 

May adopt rules. 5* 

Must devote entire time to office. 4 

Oath of commissioners. 4 

Oath, commissioners may administer. 11 

Order changing rate, fare, charge, or classification; to whom copy 

delivered . 12” 

Railroads to be supplied with copies. 12 

Office to be in capitol. 5 

Organization; quorum . 4 

Overhead wires, approval of. 137’ 

Penalty against railroad and telegraph companies refusing to make 

report . 32 

Penalty for officer, agent or employe refusing to answer questions.... 32 

Powers, duties and privileges of commissioner conferred upon. 21 

Power to compel production of books, papers and accounts. 15- 

Private tracks, control over. 9* 

Proceedings, record of, to be kept. 11 

Transcript to be furnished. 11 

Prosecution by civil action to be brought upon order of. 32” 

Railroads may become complainants. 10 

Railroads must furnish copies of all leases and contracts. 31 

Railroads required to give evidence. 15- 

Railroads to defray expenses of commission; penalty. 27 

Rates, fares, charges, classifications and joint rates fixed by commis¬ 
sion to be effective one year. 13 

Rates must not exceed those prescribed by statute. 21 

Regulations determining practices and service to be permanent. 13 

Regulations of railroad practices. 19 

Rescinding, altering or amending order. 12' 

Rules, orders, acts and regulations not to be declared inoperative for 

technical omission . 20’ 

Safety appliance provisions, may extend time for compliance with.... 136- 

Salary of members. 4 

Schedules, filing of; open to public inspection. 6 

To prescribe form of. 7 

Seal and title. 5 

Secretary; clerks; compensation. 4 

Sessions . 5- 

Supplies . 5 

State board of equalization, member of. 43, 65- 

Subpoena witnesses; administer oaths; compel production of books 

and papers, etc., power respecting. 11, 31 

Substantial compliance is sufficient. 20' 
















































252 


INDEX. 


RAILROAD COMMISSION OF OHIO — (Concluded.) PAGE 

Telegraph companies annual reports; penalty for failure to make. 

Tracks, bridges, etc., duty to examine; prescribe speed, etc. 21 

Transportation contracts to be furnished. 16 

To have no interest in railroad stocks, etc. 

Unreasonable or unjust rate, may change. 16 

Violations, duty to investigate.• 19, 26 

Waiting rooms, duty respecting; penalty. 94 

RAILROAD COMPANIES — 

Accidents, fatal, to make immediate report of. 19, 31 

Actions — 

Process; upon whom; when, and how service may be made. 220 

Suits before a justice of the peace. 220 

When summons to be issued to sheriff. 220 

Animals, cruelty to. 222 

Annual reports . 16 

When made; contents, etc.; penalty... 28, 30 

Annual statement ... r . 67 

Appeal from commission’s finding; time within which to file. 13, 14 

Application of commission act. 6 

Appropriation of property; proceedings. 207-220 

Blanks to be furnished for annual reports. 30 

Bridges, tracks, etc., duty of commission respecting. 21 

Bridges, viaducts, roadways, wires, etc.; required height over tracks.. 113 

Bridge, enlargement of. 203 

Cars, to supply. 9 

Cattle, transportation of, forbidden; when; penalty. 200 

Duty of transportation company; penalty. 200, 201 

Civil actions and indictments; by whom brought. 32 

Claims against, commission may make investigation of. 20 

Classification to be published with schedule. 6 

To be uniform. 8 

Common carrier companies; may subscribe for stock in... . 199 

County commissioners — 

Ditch, apportionment of expense of. 203 

Bridge or culvert, may enlarge. 203 

Commissioners may ride free on all trains. 26 

•Complainant, may become. 10 

Complaint, notice of, etc. 9, 10 

•Crossings . 112 

Highway . 112 

Additional tracks, switches, etc.; how constructed. 113 

May be at grade, when; court shall determine. 112 

Right of appeal. 113 

Railroad and highway above or below grade required, when. 112 

When engines, trains or electric cars may pass over without 

stopping . 26 

Consolidation — 

Actions against new company. 153 

Additions or improvements, cost of, how paid. 115 

Agreement, effect of. 147, 154 

Defects; how cured; proviso.. 148, 149 

Disposal of stocks and bonds. 150 
















































INDEX. 


253 - 


RAILROAD COMPANIES—(Continued.) PAGE. 

Consolidation — 

Dissenting stockholder; how treated. 152. 

In merging of domestic with foreign corporation. 153 

Division of interest and disposal of same, companies may make.. 154 

Election of directors. 149' 

Further consolidations . 146 

Issue of stock in lieu of purchase money. 151 

Partition not to be compulsory. 155 

Principal office . 152 

Proceedings to effect. 146 

Proof dispensed with, certain, against new company. 154 

Property of old companies vests in the new. 150- 

Purchase or condemnation of land along charter route by com¬ 
pany selling interest. 156 

To what companies applicable.~... 156- 

State and foreign railway may consolidate. 146 

State railways may consolidate. 146- 

Taxation of road partly in this state. 152 

Damages for wrongful act. 18 

Definitions of .■. 5, 57 

Defective or erroneous report. 30 

Differences between citizens and common carriers, duty of commis¬ 
sion respecting . 26 

Delinquent in taxes, unlawful for agent to act for. 65- 

Directors liable to stockholders, when. 91 

Dow law, applies to. 202: 

Drainage — 

Ditch, apportionment of expense of. 203 

Bridge or culvert, commissioners may enlarge... 205 

Failure of corporation to make improvements. 203 

Duties of carriers and owners of stock-yards. 201 

Election of directors; stockholders may cumulate their votes. 74 

Employes — 

Color blind persons, employment of, ‘forbidden ; penalty. 126- 

Conductors, engineers and flagmen, qualifications of. 127 

Penalty . 128 

Day’s work; penalty. 128- 

Defective machinery prima facie evidence of neglect. 131 

Engineers addicted to drink, employment of forbidden; penalty.. 128 : 

Flagmen and hostlers, employment of; penalty. 129 

Flagmen, responsibility of; penalty. 127 

Frogs, guard rails, blocking of; penalty. 129' 

Hours of service limited; penalty... 128 

Mail cranes or live stock chutes, regulation of; penalty. 129' 

Protection of . 130 

Superior officer and fellow-servant defined. 131 

Engineer to make final statement to sub-contractor. 73 

False statement, penalty for making... .. . 73' 

Evidence, required to give, before commission. 15- 

Examination of, power of commission to make; penalty for refusal.. 15, 16 

Excise tax .• • • 62 

Expenses of commission to be defrayed by. 27 

Facilities, making unlawful charge for. 17 

Fare and freight—(See Freight.) 

Branch roads, rates of fare and freight on. 143 
















































iJ54 INDEX. 

RAILROAD COMPANIES—(Continued.) PAGE 

Fare and Freight—(Concluded) 

Certain contracts inhibited... 139 

Discrimination between way and through freight prohibited. 140 

Against points in the state. 140 

Equal facilities to shippers of same class to be furnished. 141 

Forward freight by line named by shipper, must... 140 

Free transportation ... 8, 16 

Freight rates prescribed. 142 

Freight subject to payment for costs, etc. 71 

Freight train, who permitted to ride upon....-. 142 

Overcharge; refusal to switch or transport cars; penalty. 142 

Perishable articles, sale of. 71 

Passenger fare, rates of, prescribed. 142 

Property may be claimed. 72 

Storage and lien therefor. 71 

Tariff of rates to be published. 139 

Telegraph operator must send message for delayed passenger.... 141 

To and from points competing with public works. 138 

Trunk roads must not discriminate between other roads, when. . 139 

Fatal accidents, reports of...'.. 19, 31 

Forging or altering tickets; conductor failing to cancel tickets; 

penalty . 225-226 

Free transportation, annual report of. 16 

Who entitled to. 8 

Full crew — 

Freight train; penalty. 138 

Passenger train; penalty. 138 

Garnishment against . 206 

How garnishee served. 207 

When assignment void. 207 

Gates, bells, flagmen, order respecting. 22 

General powers — 

Aid, lease or purchase of another road, may. 85 

Appropriation of land. 79, 80 

Arbitrators, when court may appoint. 86 

Bills of lading. 145 

Bicycle is baggage. 145 

Bonds for certain purposes, may issue.81, 88, 89 

For narrowgauge road. 81 

Borrowing money ... 82, 88 

How mortgage or pledge made; where recorded. 82 

Branches, may construct. 79 

Bridges for tolls, may construct. 81 

Capital stock may be increased, for what purposes. 87 

Certan property exempt from execution.;. 85 

Contracts for leasing property, conditional sale of. 144 

Consolidated companies may borrow in excess of stock. 88 

Contracts for sale of railroad property -not valid, when. 143 

Construction and maintenance. 76 

Directors may be classified.;.:. 83, 84 

Directors may open transfer books in other states... 83 

Directors may dispose of securities..... 82 

Directors may elect a vice-president. 83 

Directors may elect a treasurer. 83 


















































INDEX. 


255 


RAILROAD COMPANIES—(Continued.) PAGE 

General Powers—(Concluded.) 

Directors, number of, may be increased or diminished.... 83 

Electricity as a motive power may be used. 90 

Extension of road into other states. 78 

Extension of line authorized, how. 87 

How terminus fixed in certain cases. 76 

How line or termini may be changed. 76 

Land, appropriation of. 79, 80 

Lease; security required; void if rental not paid, etc. 86 

Location or grade may be changed. 78 

Land may be appropriated. 78 

Money, borrowing of, in lieu of preferred stock. 88 

Narrow gauge railroad may issue second mortgage bonds. 81 

Purchase or lease of other roads. 85 

Dissenting stockholder may sell stock. 86 

Stockholders consent necessary. 85 

When court may appoint arbitrators. 86 

Route may be changed; damages, etc.. 77 

Road, street or alley, right to occupy; how acquired. 80 

Road or stream may be diverted. 80 

Securities may be disposed of. 82 

Stock — 

“Common” and “Preferred” may be issued. 88 

Proceedings to increase. 88 

Purposes for which capital may be increased. 87 

Subscriptions, when payable. 84 

Subscriptions may be cancelled, when. 77 

Storage or warehouse certificates. 144 

General power of commission to regulate. 19 

Grade crossings, altering or abolishing. 104 

Agreement between municipality or county and railroad company. 105 

Apportionment of cost. 106 

Assessment and determination of claims for damages. 107 

Bonds and taxes. 106 

Determination as to proceeding with improvement; ordinance 

or resolution . 105 

Failure of railroad company to comply with provisions of agree¬ 
ment . 107 

In municipality; may abolish. 107 

On county road. 107 

Purchase or appropriation of land and property. 106 

Repairs . 106 

Resolution pertaining to.. 104 

Grade crossings in municipality — 

Abolishment of . 107 

Apportionment of cost. 109 

Claims for damages and judicial inquiry thereinto. 110 

Differences between railroad company and city. 108 

Height of viaducts. 110 

Bonds issued to pay city’s share; tax levy; cost of mainte¬ 
nance, how borne. Ill 

How necessary land required secured. Ill 

Mode and time of payment of railroad company’s proportion of 

cost . HO 
















































256 


INDEX. 


RAILROAD COMPANIES—(Continued.) PAGE 

Grade Crossings in Municipalities — 

Notice of intention to make improvement. 10£ 

Plans and specifications. 108 

Street railway companies to bear share of expense of making such 

improvements . HI 

Highways — 

Company liable for fines against employes. 205 

Highways, obstruction of. 205 

Highway crossings, sidewalks, etc., building and maintenance of. 103 

Must be completed, when. 103 

Must be kept clear of snow. 104 

Penalties . 104 

Service of notice upon railroad companies. 103 

Hours of service, enforcement of. 128 

Interlocking crossings; order; how cost defrayed. 24, 25 

Penalty . * ... 26 

Joint rates to be filed . 7 

Posting of, in depot, station and office. 7 

Judicial sale of roads — 

Appraisement of road, order for. 166 

Certain roads may be sold. 166 

Confirmation of sale and deed.• 167 

Franchise, how purchaser of railroad may acquire. 165 

Notice of sale to be published. 167 

Proceeds of sale distributed, how. 167 

Purchaser may sell same; grants to be recorded. 167 

Railroad company, and any number of persons may become 

purchasers . 168 

May incorporate . 168 

Stocks and bonds may be issued as purchase price. 168 

Receiver must petition. 166 

Who may purchase such property. 167 

Levees — 

Notice^ to interested parties. 204 

Proceedings when a levee benefits a road. 204 

Lighting of track, council has power to regulate. 34 

Labor and material for, lien upon; how attained. 72 

List of officers and directors to be furnished railroad commission.... 32 

Mortgage deemed recorded, when. 74 

Must furnish commission copies of all leases and contracts. 31 

Obstructing or injuring a railroad; penalty. 221 

Offences against property — 

Drawing or driving vehicle on railroad track. 222 

Meddling with railroad property; penalty. 221 

Putting soap, alkali, etc., into boilers, wells, etc.; penalty. 222 

Throwing or shooting at trains or vessels; penalty. 221 

Offences against public policy — 

Bars or gates and watchmen at crossings in Cincinnati and Cleve¬ 
land . 224 

Climbing upon cars. 225 

Cruelty to animals. 222 

Obstruction of highways. 223 

Obstruction of streets or highways. 223 

Penalty for violation by engineers of certain duties at or near 
crossings 


222 














































INDEX. 


257 


RAILROAD COMPANIES—(Continued.) PAGE 

Offences against public policy — (Concluded.) 

Riding or driving into inclosures of railroad, etc. 224 

Officers, agents and employes, penalty against. 18, 19 

Order of commission affecting rates, etc. 12 

Correction of schedules. 12 

To be supplied with copies. 12 

Overhead wires, construction of. 137 

Duty of railroad commission. 137 

Penalty for failing to obey commission’s order or subpoena. 16 

Refusing to make certain reports. 32 

Violations under commission act.... 19 

Police — 

Appointment; qualifications; revocation of commission. 169 

Badges to be worn. 169 

Compensation . 170 

Conductor may arrest a passenger, when. 170 

Conductor may eject a passenger, when. 170 

Enforcement of regulations and arrests, power respecting. 169 

Passenger conductor is a policeman, when. 170 

Penalties against conductors for violations. 171 

Powers cease, when. 170 

Private sale of roads — 

Certain rights of way forfeited. 164 

Dissenting stockholder may retain interest. 164 

Stockholders must consent. 164 

Title to property vests in grantee. 164 

Transfer must be by deed. 164 

When company may sell its roadbed. 163 

Prosecution by live stock commissioners. 201 

Quarantine, effect of. 33 

To what rules apply. 34 

Reasonably adequate service must be furnished. 6 

Rates, filing of. 21 

Receivers — 

Action may be brought and service, where. 165 

Application of funds, and lien thereon. 165 

Deposit money, where receiver must. 165 

May sue and be sued without leave of court. 164 

Register of freight. 70 

Regulations — 

Bridges established, certain. 92 

Bridges over highways. 102 

Protection of travel beneath. 102 

Bridges, when companies may cross streams on.. 124 

Proceedings to appropriate joint use of... . 124 

Bridging canals or navigable waters; how authority obtained.... 92 

Attorney general to enforce provisions. 92 

Cars of other companies to be transported, when. 115 

Certain persons ineligible to appointment under. 91 

Acts of such persons void; penalty. 91 

Combustible material, right of way to be kept free from. 124 

Abutting property owner may remove, etc., when. 325 

Connections can be made, when. 115 

Crossings of trains; how regulated. 99 

*17 t. l. 


















































258 


INDEX. 


RAILROAD COMPANIES—(Continued.) PAGE 

Regulations— (Concluded.) 

Crossings (See Grade Crossings; Private Crossings.) 

How constructed; how expenses divided. 99 

Court to define manner of, outside municipalities. 100 

Signals, failing to observe; penalties. 101, 102 

Within municipalities, court to define manner of. 100 

Directors personally liable to stockholders, when. 91 

Dissolution of a company.. 124 

Distance from station platform to car step. 119 

Penalty in case of personal injury. 119 

Ditches and drains along roadway. 116 

Fences, crossings and cattle-guards to be maintained. 95 

Company may build same at landowners’ expense, when. 98 

Company to keep fences in repair. 97 

Penalties . 98 

When owner of land may construct at expense of railroad... 96 

When provisions of law do not apply. 98 

Fire extinguishers, equipment of passenger trains with. 120 

Commission to designate cars. 120 

Description of . 120 

Penalty . 120 

Fire, company liable for loss or damage by, etc. 125 

Evidence as to negligence.'. 126 

Party securing judgment entitled to attorney fee. 126 

Freight ways may be constructed, when and how... .. 121 

Must be approved by commission. 122 

Heating apparatus for railroad cars. 118 

Land covered by right of way not to be taxed to owners. . 93 

Landowner may use culvert, etc., as cattle way, when. 99 

Lighting of passenger cars. 118 

Movable bridge between passenger cars required; penalty. 118 

Passenger trains must stop at certain stations. 93 

Posting of time of arrival of trains; penalty. 93 

Principal office to be established. 90 

Private crossings must be built, when. 97 

Landowner may build at company’s expense, when. 97 

When provisions of law do not apply.. 98 

Release of right of way papers to be recorded, when. 94 

Rules governing employes to be published. 101 

Rules prescribed by railroad commission to be permanent. 13 

Scrap metal shall be sold; penalty.. 122 

Evidence of title to scrap, what is. 122 

May replevy scrap; proceedings. 123 

Mixture of scrap deemed a confusion of goods, when. 123 

Securities, sold to directors under par void. 91 

Sign-boards to be erected at crossings. 95 

Spark-arresters, companies to use, when; penalty....-. 134 

Switching charges . 116 

Taxation of land used as right of way... 95 

Telegraph or telephone wires, erection of, required.. 12L 

Forfeiture of charter for failure to provide; penalty. 121 

Tracks must be used in common, when. 116 

Track, penalty for obstructing the laying of. 123 

Uniform guage . 115 

Waiting rooms at stations; duty of railroad commission; penalty.. 94 




















































INDEX. 


269 


RAILROAD COMPANIES—(Continued.) PAGE 

Reorganization — 

Agreement between each interest and the company. 162 

Agreement of, secretary to publish notice. 161 

Capitalization, when creditors may agree on. 161 

' Certificate to be filed with secretary of state. 157 

Cost, when the court to make order touching. 162 

Further powers of new company. 158 

Lien of mortgages, etc. 159 

Lien for labor performed.159, 160, 161 

Meeting of creditors and proceedings. 156 

Mortgaged property may be sold without appraisement . 161 

Proceedings for, may be had, when. 156 

Property and powers of new company. 158 

Other creditors may sign agreement. 162 

Rights of those who do not sign. 162 

Stock or bonds held in fiduciary capacity, when. 163 

Stock or securities, issue of; terms of agreement; rights of 

holders . 159 

When road is used by two companies. 162 

Reports, required to make. 15 

Required to give evidence. 15 

Rules and regulations to be published with schedules. 6 

Stock yard companies — 

May subscribe for stock in. 199 

Cattle, transportation of, forbidden, when; penalty. 200, 201 

Safety appliances — 

Ash dump pans (self cleaning) locomotives to be equipped with; 

penalty . 136, 137 

Automatic couplers . 135 

Semi-annual reports of, to commission. 131 

Commission may extend time for equipping cars. 136 

Contributory negligence; additional penalties. 136 

Equipment of cars with automatic couplers and air-brakes. . 134, 135 

Equipment of engines with power-brakes. 134, 135 

Inspector of couplers; appointment, etc. 132 

May refuse to receive cars not equipped. 135 

Penalty against company for failure to make repairs. 133 

Penalty for non-equipment. 135 

Power of inspector to condemn car, tender or engine; penalty 133 

Penalty against officers of company for non-compliance. 134 

Report as to equipment of cars... 134 

Penalty for non-compliance. 134 

Draw-baro . • 135 

Grab-irons . 135 

Schedules, changes in ; notice of. . 7 

Form of, to be prescribed by commission. 7 

Departure from, prohibited. 7 

Printing and filing. 6 

Service upon, how secured...... 206 

Speed, regulation of, by municipality; penalty.. 35-36 

State board of equalization, powers of, etc.. 65 

Sub-contractors; actions against; claims; contracts, etc..66, 67, 68 

Switches and sidetracks to be maintained. 8-9 

Switching, obstructing, etc., council may prohibit. 103 

















































INDEX. 


20U 

RAILROAD COMPANIES—(Concluded.) PAGE 

Taxation — 

Board of appraisers and assessors; annual meetings; duties, etc.. 36, 37 
Penalty for officers refusing to comply with order of appraisers 

and assessors . 38 

Valuation of property; how apportioned. 38-39 

Value of property in Ohio; how found.. 39-40 

State board of equalization; powers, etc..... 65 

Telegraph or telephone companies, may use lines of. 188 

Traffic, interchange of. 9 

Transportation contracts to be furnished commission. 16 

Unclaimed property . 71 

Undue or unreasonable preference, giving; penalty. 17, 18 

Unfinished road-bed may be condemned and appropriated. 216 

Unjust and unreasonable charges prohibited. 7-8 

Unjust discrimination; penalty. 17 

Violations, duty of commission to investigate. 19, 26 

RAILROAD SUB-CONTRACTOR — 

Actions against; how they may be brought. 68 

Claims against; order of priority. 66 

Contracts; what they shall stipulate. 68 

Lien perfected, how; proceedings; shall have precedence. 67 

Notice to contractor.‘. 68 

“Owner” defined . 69 

To whom law applies. 69 

RAILROAD TICKET — 

Forging or altering; restoring cancelled checks, etc.; penalty. 225. 226 

RAILWAY EMPLOYE'S—(See Employes; Railroad Companies.) 

Free transportation .. g 

RAILWAY STATIONS-— (See Railroad Companies.) 

RATES—(See Fare and Freight; Railroad Commission of Ohio; Rail¬ 
road Companies.) 

Filing of . 21 

Prescribed .*. ]42 

Schedules, departure from, prohibited. j 

Schedules to be filed; open for inspection. g 

Unreasonable or unjust, commission may change. lg 

REASONABLE REGULATION — 

Commission to determine what is. p> 

REBATE — 

Acceptance of, unlawful; penalty. 17 ig 

RECEIVER — 

Action may be brought and service, where. 165 

Application of funds, and lien thereon. Igg 

Deposit money, where receiver must. Igg 

Enforcement of liability. . 

May sue and be sued without leave of court. ..." i 64 

RECORD OF PROCEEDINGS — 

Certified transcript of commission’s finding to be filed with clerk of 

court ... j j 

Hearings before commission, to be kept...... it 






































INDEX. 


•Jbl 


PAGE 

REGULATIONS—(See Railroad Commission of Ohio; Railroad Com¬ 


panies.) 

Car supply, of, commission to enforce. 9 

Commission to determine what is reasonable. 12 

General powers of commission as to. 19 

For government of employes to be published.... 101 

Rules prescribed by commission to be permanent. 13 

To be published with schedules. 6 

REORGANIZATION OF RAILROADS — 

Agreement between each interest and the company. 162 

Agreement, of, secretary to publish notice. 161 

Capitalization, when creditors may agree on. 161 

Certificate to secretary of state. 157 

Cost, when the court to make order touching. 162 

Further powers of new company. 158 

Lien of mortgages, etc... 159 

Lien for labor performed. 159 

How enforced . 160 

In case of sale, court to retain amount of. U60 

In case judgment recovered, what to be done.. 160 

Provisions applicable to certain other companies. 161 

Meeting of creditors, and proceedings. 156 

Mortgaged property may be sold without appraisement. 161 

Proceedings for, may be had, when.. 156 

Property and powers of new company... 158 

Other creditors may sign agreement. 162 

Rights of those who do not sign. 162 

Stock or bonds held in a fiduciary capacity, when.. 163 

Stock or securities', issue of; terms of agreement; rights of holders.. 159 
When road is used by two companies. 162 

REPORTS— (See Annual Reports; Railroad Companies.) 

Commission to furnish blanks for. 15, 30 

Perjury, penalty for, in making. 15 

REGISTER — 

Freight, of . 70 


REORGANIZATION — (See Railroad Companies; Reorganization of 
Railroads.) 


RETURN—(See Auditor of State; County Audtor.) 
RIGHT OF ACTION — 


Not released or waived by commission act . 

RIGHT OF WAY—(See Railroad Companies.) 

PqIaoco tn hp rppnrrlpfl . 

. 20 

. 94 

IvClCcibC Ul, ID UC 1 CLUl . . 

. 95 

.IclvvclLIUll Ul Iclllvi UotU cio . . . 

To be free from combustible material. 

. 125 


ROAD BED—(See Railroad Companies.) 
ROADS—(See Highways; Railroad Companies.) 
ROADWAYS — 

Height of, over tracks. 

ROUTE—(See Railroad Companies.) 


113 




































262 


INDEX. 


RULES OF EVIDENCE—(See Rules of Practice.) PAGE 

RULES OF PRACTICE — 

Same as in civil action. 14 

SAFETY APPLIANCES — 

Annual reports of cars equipped with. 131 

Automatic couplers, inspector of. 132 

Condemnation of car, tender or engine; penalty. 133 

Equipment with grab irons, drawbars; penalty. 135 

Locomotives and cars to be equipped with automatic couplers. 135 

Penalty against company failing to make repairs. 133 

Refusal of cars not equipped with. 135 

SAFETY DEVICES — 

Interlocker; order; how cost of installation paid. 24, 25 

A 

SALE BILL— (See Railroad Companies.) 

SALE OF RAILROADS—(See Private Sale of Railroads; Railroad 
Companies.) 

SANITARY REGULATIONS — 

Quarantine, effect of. 33 

To what rules apply.. 34 

SCHEDULES—(See Eare and Freight; Railroad Companies.) 

Changes in; ten days’ notice required. r... 7 

Posting of ..•.. 7 

Commission to prescribe form. 7 

Correction of, following commission’s order.. 12 

Departure from, prohibited. 7 

Filing of, with commission. 6 

Freight tariffs to be filed with commission. 16-17 

Open to public inspection. 6 

Printing and filing. 6 

What to contain. 6 

SCRAP METAL — 

Confusion of goods. 123 

Replevy of .’. 123 

Title to; what is evidence.of; shall be sold; penalty. 122 

SECRETARY OF RAILROAD COMMISSION OF OHIO — 

Eligibility; oath; duties; etc. 5 

Must - devote entire time to office. 4 

Record of proceedings of hearings to be kept. 11 

Transcript to be furnished. 11 

SECRETARY OF STATE — 

Articles of consolidation of railroad companies to be filed. 147 

Certain contracts for sale of railroad property not valid unless 

recorded . 143 

To record or file contract. 144 

Certificate curing defect in consolidation of railroad companies. 148, 149 

Consolidation of railroads, articles of, to be filed. 90 

Changing route of a railroad ; certificate to be filed. 77 

Changing termini of a railroad; certificate to be filed. 76 

Changing terminus of a railroad; to file certificate. 76 






































INDEX. 


263 


SECRETARY OF STATE - (Concluded.) PAGE 

Excise tax — 

Auditor of state to make certain report.. 63 

Board of appraisers and assessors to levy; member of. 58 

Extension of line of railroad; certificate to be filed with. 87 

Railroad branches; certificate to be filed. 79 

Reorganization certificate to be filed with. 157 

Notice of agreement of reorganized company to be published. 161 

SECURITIES—(See Reorganization of • Railroads; Railroad Com¬ 
panies.) 

Sold to directors under par are void. 91 

SERVICE—(See Facilities; Process; Railroad Companies.) 

Actions before a justice, in, against railroad company; how made.... 220 

Appropriation of property, in. 208 

By municipality or township on railroad to construct crossings, side¬ 
walks, etc.. 103 

Corporations, upon; how secured. 206 

Freight line and equipment companies — 

Tax, collection of, for. 51, 52 

How municipality may secure same under lighting order. 35 

SHERIFF — 

To execute process. 14 

SHIP CANAL COMPANIES — 

Appropriated property, compensation for. 182 

Bonds . 182 

Capital stock, increase of. 183 

Change of line, grade or termini, or extension into adjoining state. ... 180 

Consolidation . 184 

Construction, maintenance and operation of ship canal. 179 

General rights of company. 180 

Liability of directors. 183 

Loans . 183 

Mortgage or pledge securing loans. 183 

Occupancy and use of streams ; appropriation. 182 

Occupancy and use of public way or ground. 182 

Powers of company incorporated under other states. 184 

Principal or general office. 183 

Property, etc., applicability of railroad laws to. 184 

Reconstruction of changed structures, etc. 182 

SIDETRACKS— (See Municipal Corporations; Railroad Companies.) 
SIDEWALKS—(See Municipal Corporations.) 

Railroad companies must build and maintain. 103 

Snow, must be kept clear of. 104 

SIGNBOARDS — 

At crossings . 95 

SIGNALS — 

At crossings . 102 

Failing to obey; penalty. 101 

SINKING FUND — 

Municipal, county or township bonds given for railroad purposes, 

redemption of . 65 

SHIPPER— (See Fare and Freight; Freight; Railroad Companies.) 




































264 


INDEX. 


SLEEPING CAR COMPANIES— . 

Annual statement to auditor of state.. 52 

Penalty for failure to file... 54 

Exemption under commission act. 5 

Penalty for officer, agent or employee refusing to attend before board. 53 

State board of appraisers and assessors; powers, duties, etc. 53, 54 

Report of board to auditor of state. 55 

SPARK ARRESTERS — 

Penalty . 125 

Railway companies required to use, when.. 124 

SPECIAL CONTRACT RATES—(See Rates; Charges.) 

Special rate, penalty for. 17 

SPEED — 

Over bridges, tracks, etc:,, power of commission to regulate. 

Rate of, regulation of; penalty. 35-36 

SPRINKLING — 

Council may require st'reet railways'to sprinkle streets. 34 

STATE AUDITOR—(See Auditor of State.) 

STATE BOARD OF APPRAISERS AND ASSESSORS — 

Excise tax — 

Annual meetings; statements; powers. 59 

Annual reports . 61 

Ascertainment of gross earnings of steam railroads. 59 

Ascertainment of gross receipts of companies other than railroads 59 

Fees of attorney general. 61 

How constituted; minutes of proceedings. 58 

Non-interdependence of validity of section or clause. 63 

Penalty for refusal to attend, etc. 61 

Powers to require attendance. 61 

Review and correction of findings. 60 

Right of company to appear. 60 

Self-information . 60 

Statement, failure to file; penalty. 60 

Express, telegraph and telephone companies — 

Correction of assessments.'.. 46 

How constituted, powers, duties, etc. 45 

Method of fixing assessments. 45 

Penalty for failure to file statement. 46 

Powers of board, further. 46 

Report to auditor of state; filing of statement, etc. 47 

Revised statutes, certain provisions of, made applicable to.... 47 

Freight line and equipment companies — 

Annual meeting; statements; etc. 49 

How constituted; annual meetings, etc. 49 

Penalty for failure to file statement. 50 

Power of board to require attendance, etc. 61 

Property and capital; what part owned and used in Ohio; how 

ascertained . 49-50 

Report; filing of statements, etc.. 51 

Review and correction of findings. 50 

Right of company to be heard. 50 







































INDEX. 


265 

STATE BOARD OF APPRAISERS AND ASSESSORS—(Concluded.) page 
S leeping car companies.— 

How constituted; powers; duties, etc... 53, 54 

Penalty to which officers, agents and employees liable. 55 

Report to auditor of state....'. 55 

Statements, penalty for failure to file. 54 

STATE BOARD OF EQUALIZATION — (See Annual State Board of 
Equalization.) 

How constituted; meetings, duties and powers, etc. 65 

STATEMENTS—(See Annual Reports; Annual Statements.) 

Excise tax,' companies subject to...57, 61, 62 

Freight line and equipment companies to file. 48, 49 

Officers and directors, list of, to be furnished railroad commission.. 32 

Required of railroads. 26 

State board of appraisers and assessors to file with auditor of state. .47, 61, 62 
STATE TREASURER-—(See Treasurer of State.) 

STATIONS—(See Railroad Companies; Depots.) 

Passenger trains must stop at certain. 93 

Posting of arrival of trains.. 93 

Waiting rooms to be maintained; penalty.. 94 

STATISTICS—(See Annual Report.) 

STAY — (See Injunction.) 

STEAM CARS—(See Railroad Companies.) 

STEAM RAILROADS—(See Railroad Companies.) 

STENOGRAPHER — 

To take testimony in hearings before commission; make certified 

transcript of evidence; free copies..... 11, 12 

STOCK—(See Consolidation of Railroad Companies; Reorganization of 
Railroads; Railroad Companies.) 

STOCKHOLDERS—(See Consolidation of Railroads; Railroad Com¬ 
panies.) 

Directors liable to, when. 91 

Dissenting to consolidation. 152 

Election of directors; may cumulate votes. 74 

Enforcement of liability; complaint; where filed, etc. 75 

Insolvent corporation; ascertainment of liabilities. 75 

Distribution of assets. 76 

Notice to creditors. 75 

Notice to non-resident stockholders. 75 

STOCK-YARD COMPANIES — 

Cattle, bringing of, into state in certain months forbidden; penalty.. 200 

Duty of owners of. 201 

Employers’ liability .i. 201 

Powers of ... 200 

STORAGE — 

Certificates, railroads may issue.... 144 

Lien for . 71 

Notice to owner of property. 69 

Payment for . 71 

STREET CARS—(See Municipal Corporations; Street Railroad Com¬ 
panies.) 

j 

1 

~ } 





























266 


INDEX. 


STREET RAILROAD COMPANIES— PAGE 

Annual statement . 57 

Appropriation of private property. 173 

Appropriation of property. 172 

In Cuyahoga County and Toledo. 172 

Appropriation proceedings, form of oath in. 173 

Change of location. 173 

Cincinnati, route in, made valid. 174 

Consolidation . 177 

Consolidation of street with interurban electric railroads.. 177 

Construction of railroad. 171 

Consent of owners necessary. 171 

Council, etc., may fix terms and conditions. 174 

Crossing outside municipalities, court to determine manner of. 100 

Crossing within municipalities, court to determine manner of. 100 

Defined . 56 

Eminent domain, interurban railroads'may exercise right of. 177 

Excise tax . 62 

Exemption from commission act. 6 

Extension of tracks, municipal authorities to grant permission for. . 175 

Full stop when approaching steam crossing required. 176 

Intersecting street railroads; repair of crossings. 176 

Lease, purchase and traffic arrangements. 177 

Misconduct in cars. 225 

Outside of municipalities, construction of. 176 

Property owner cannot withdraw consent after construction. 172 

Public authority, consent of. 173 

Public highways, occupancy and use of. 177 

Regulations and powers... 177 

Sprinkling of tracks, council may require. 34 

Stopping of cars at crossings; penalty. 176 

To bear share of expense for changing crossings. Ill 

Use of tracks by passenger cars of other company.. 178 

Vestibule of car must be screened and heated; penalty. 175 

Watchmen at street crossings, intersections and corners. 174 

STREETS—(See Highways; Municipal Corporations; Street Railroad 
Companies.) 

SUB-CONTRACTORS—(See Railroad Sub-Contractor.) 

Civil engineer to furnish final statement to; penalty for false state¬ 
ment . .... 73, 74 

SUBPOENA — 

Commission has power to issue. n 31 

Issue of, by commission, to compel production of books, papers and 

accounts . 15 ig 

SUBSCRIPTIONS—(See Stockholders; Railroad Companies.) 

SUBSTANTIAL COMPLIANCE — 

Sufficient for commission’s acts... 20 

SUBURBAN RAILWAYS—(See interurban Railway; Street Railroad 
Companies.) 

SUBWAYS—(See Municipal Corporations; Telegraph and Telephone 
Companies.) 






































INDEX. 


l67 

SUMMONS—(See Service.) PAGE- 

SUPERIOR OFFICER — 

Defined . 131 

SUPPLY OF CARS — 

By railroad companies. 9 

SWITCHES—(See Railroad Companies.) 

SWITCHING— (See Railroad Companies.) 

Charges to be published in tariff... 6-7 

Obstructing of streets; council may prohibit. 103 

Overcharging or refusing to transport cars of other companies; 

penalty . 142 

Rates of . 116- 

Regulations of, enforcement of. 9 

TARIFFS — 

Freight rates prescribed. 142 

Interstate rates to be filed with Ohio commission.. 16 

Publication of rates; how rates changed. 139 

Trunk roads must not discriminate in rates. 139’ 

TANGIBLE PROPERTY — 

Exemption of, under excise law. 62 

TAXATION—(See County Auditor; Auditor of State; various Boards 
of Appraisers and Assessors:) 

Board of appraisers and assessors of railroads.7. 36 

Companies delinquent in taxes, unlawful for agent to act for. 65 

Consolidated road, partly in this state. 152 

Express, telegraph and telephone companies. 45, 47 

Freight line and equipment companies. 49 

Land used as right of way. 95 

Levy to create sinking fund to redeem public bonds issued for rail¬ 
road purposes . 65- 

Return, omission of. 63 

State board of equalization, powers, duties, etc. 65 

Valuation of interstate railroad; how found for this state. 39 

TAX RETURN — 

Applicability of statutes; exceptions. 64 

Failure to make... 63, 64 

Property heretofore omitted. 64 

TELEGRAPH COMPANIES—(See Municipal Corporations.) 

Agent must endorse dispatch, when. 190* 

Annual report . 30* 

Annual statements .30, 44, 57 

Appropriation of land. 187 

Limitation upon authority. 187 

Right to use public ground, acquired how. 188 

When land held by incorporation. 187 

When land held by a railroad company. .... 188' 

When lands lie in more than one count/. 188 

Blanks for annual report to be furnished by commission. 30* 

Civil actions and indictments; by whom brought. 32 

Defective or erroneous reports. 31 

Definitions . 43, 57 

Delinquent in taxes, unlawful for agent to act for. 65- 









































268 


INDEX. 


TELEGRAPH COMPANIES—(Concluded.) PAGE 

Divulging contents or altering message, penalty for. 190 

Excise tax . ^ 

Forged dispatches, transmitting; penalty for. 

Forward messages by mail, when to. 

How lines constructed. 1^9 

Mortgage deemed recorded, when; when lien effective... 74 

Operator must send message for delayed passenger. 141 

Penalty for refusing to make certain reports. 

Penalty for not transmitting or delivering message.... 

Powers of . 186, 187 

Receive and transmit messages for other lines, must. 189 

Repair of structures enforced, how and when. 192 

State board of appraisers and assessors. 45 

Statements required of. 26 

Structures may be removed, when and how. 192 

Tapping wire; penalty... 191 

TELEGRAPH OPERATOR — (See Telegraph Company.) 

Must send message for delayed passenger. 141 

TELEGRAPH WIRES — (See Overhead Wires; Telegraph Companies.) 

TELEPHONE COMPANIES — (See Municipal Corporations; Telegraph 
Companies.) 

Annual report . 80 

Annual statement .30, 44, 57 

Blanks for annual report to be furnished by commission. 30 

Civil actions and indictments; by whom brought. 32 

Defective or erroneous reports. 31 

Definitions . 43, 57 

Delinquent in taxes, unlawful for agent to act for. 65 

Excise tax . 62 

Penalty for refusing to make certain reports. 32 

State board of appraisers and assessors. 45 

Statements required of. 26 

TELEPHONE WIRES— (See Overhead Wires; Telephone Companies.) 

TERMINALS—(See Railroad Companies.) 

Interurban railways may acquire, in municipalities. 36 

TESTIMONY — 

Certified transcript in hearing before commission to be filed with 

clerk of court. 11 

Free copies . 12 

New or additional evidence on appeal from' commission’s finding; 

effect of introduction. 13-14 

Not to be used against witness. 14 

Record to be made. 11 

Stenographer’s certified transcript is evidence. 11 

TICKET—(See Railroad Companies; Railroad Ticket.) 

TOLL BRIDGES—(See Bridges; Railroad Companies.) 

TRACKS—(See Railroad Commission of Ohio; Railroad Companies.) 

Duty of commission to examine, etc. 21 

Private, commission has control over. 9 

Interchange of privileges. 9 











































INDEX. 


20 * 9 ’ 

PAGE 

TRAINS— (See Passenger Trains; Freight Trains; Railroad Companies.) 

Fire extinguishers in. 120 

May cross tracks of another railroad,, when. 99 

Must stop at certain stations. 93’ 

Posting of arrival of. 93 

Throwing or shooting at. 221 

TRANSFER BOOKS — (See Railroad Companies.) 

TRANSIT RATES— (See Fare and Freight; Freight; Railroad Commis¬ 
sion of Ohio; Railroad Companies.) 

TRANSPORTATION — 

Attendant of live stock, for.•. 8 

Automatic inspector entitled to ride free. 133 

Commissioners may ride free on all trains. 26- 

Contracts for, to be furnished commission.*. 16 

Free, annual report of. 16 

Free, to whom entitled. 8 

General power of commission to regulate. 19 

Illegal concessions prohibited. 17 

Unjust discrimination in; penalty. 17 

TRANSPORTATION COMPANIES—(See various Companies.) 
TRAVELING PUBLIC—(See Public.) 

TREASURER OF STATE — 

Member of various boards of appraisers and assessors. .43, 45, 49, 53, 58, 65- 
TROLLEY WIRES—(See Overhead Wires.) 

TRUNK ROADS— (See Railroad Companies.) 

TWO-CENT FARE — 

For passengers on railroads. 142 1 

UNCLAIMED PROPERTY— (See Property; Railroad Companies.) 

UNDUE PREFERENCE—(See Preference; Railroad Commission of 
Ohio.) 

UNIFORMITY — 

Classification, in, required. & 

UNION DEPOT COMPANIES — 

Articles of incorporation; what to contain. 184, 185 

By-laws, rules and regulations. 185- 

Certain laws applicable to. 186 

Definition . 57 

Directors, who shall be. 185- 

Excise tax . 62 

Liability of several companies. 186 

Power to borrow money, etc. 186 

Statements annually . 57 

Stock owned in equal proportion; powers. 186 

UNJUST DISCRIMINATION — 

By railroads prohibited; penalty. 17 

UNJUST AND UNREASONABLE CHARGE — 

Prohibited an i declar:d unlawful. 6. < 






























270 


INDEX. 


UNJUST RATE — PAGE 

Commission may change. 10 

UNREASONABLE PREFERENCE—(See Preference.) 

UNREASONABLE RATE — 

Commission may change. 10 


VALUATION—(See Taxation; various Boards of Appraisers and As¬ 


sessors; Railroad Companies.) 

VIADUCTS — 

Height of . 110, 113 

Municipality may construct. 107 

VEGETABLES—(See Freight; Railroad Companies.) 

VIOLATIONS— (See Penalties.) 

Commission to inquire into.^.... 19, 26 

Duty of attorney-general or prosecuting attorney. 20 

Under commission act enforcible by civil remedies. 20 

VOID SECTIONS — 

Commission act, of, not to affect others.. 21 

VOTING—(See Stockholders.) 

. WAREHOUSE CERTIFICATES — 

Railroad companies may issue. 144 

WAREHOUSEMAN — 

Notice to owner of receipt of freight. 69 

WATCHMAN—(See Railroad Companies.) 

Railroad crossings, at. 99 

WATER WAYS—(See Ship Canal Companies.) 

WATER WORKS COMPANIES — 

Annual statement . 57 

Definition . 57 

Excise tax . 62 

WEIGHING—(See False Weighing.) 

WIRES— (See Overhead Wires; Telegraph and Telephone Companies.) 

Height over tracks. 113 

WITNESS — 

Attendance of, may be enforced. 9 

Compensation . H 

Commission may enforce attendance; penalty for refusal. 11 

Deposition may be taken. 1 ] 

Fees and mileage. U 

Subpoena; commission has power to issue.11, 15, 16, 31 

Testimony not be used against. 14 



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